(Last Updated: December 22th, 2019)
(“Call Assistant” or the “Company”), whether through the Call Assistant website, www.callassistantapp.com (the “Website”), telephone access, or through any mobile or other device, and whether directly or via a third party (each a “Service” and, collectively , the “Services”).
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR OR USE ANY OF THE SERVICES.
Call Assistant reserves the right at any time to modify the Terms or this Agreement and to impose new or additional terms or conditions on your use of Services. Call Assistant may notify you of any such change by sending an email message to your email address on your Call Assistant account or by a posting on the Website requiring your assent. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
You can review the current Terms at any time here.
Please review the Call Assistant Privacy Notice here which also governs your use of the Services, to understand our practices. The Call Assistant Privacy Notice is a part of the Terms and this Agreement.
2. Registration Restrictions and Obligations
You affirm that you are over the age of 13, as the Services are not intended for persons under 13. If you are under 13 years of age, your use of the Services is prohibited.
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction. If you provide any information that is untrue, inaccurate, incorrect or incomplete, or Call Assistant has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Call Assistant has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are responsible for maintaining the confidentiality of your password/PIN and are fully responsible for all activities that occur under your account. You agree to notify Call Assistant immediately of any unauthorized use of your account or any other breach of security.
Call Assistant cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. REGISTRATION; TERMINATION
To subscribe (opt-in) to any of the Services, you can register for a Call Assistant account from our Website, our mobile applications, or our mobile Website(s). Call Assistant accounts are based on telephone numbers, and must be created with your real identity and with a telephone number owned by you if the user wants to use voicemail services, Call Assistant to Call Assistant calls or make calls using the user’s number. Call Assistant reserves the right to change account information that may be legitimately considered misleading, false, or in conflict with data from industry standard telephone number and name databases from carriers and other standard sources.
You may terminate your Call Assistant account and access to the Services by logging into Website clicking the link that says “Close Your Account” and following the instructions.
You agree that Call Assistant may, without prior notice, immediately terminate, limit your access to or suspend your account and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to (a) breach or violation of the Terms or other incorporated agreements or guidelines, (b) a request by law enforcement or other government agency, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, (g) nonpayment of any fees owed by you in connection with the Services, and/or (h) participation by you in any way in any legal action or claim against the Company. Further, you agree that all terminations, limitations of access and suspensions for cause may be made in Call Assistant’s sole discretion and that Call Assistant shall not be liable to you or any third-party for any termination of your account or access to the Services.
Termination of your account may include, at Call Assistant’s sole discretion, any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.
4.1 CALL ASSISTANT’S VOICEMAIL SERVICE
One of the Services is the Call Assistant Voicemail Service. This Service provides a number of “automatic extensions” to traditional voicemail services, and these extensions may have an impact on you or your callers with respect to privacy matters or telephone carrier service usage and related charges. Call Assistant generally makes these features “opt-out” and generally provides settings to customize their behavior and/or turn them off, though Call Assistant is not responsible to provide any ability for users to customize or limit any Service.
Call Assistant’s voicemail service is not static and continues to evolve over time, with new features and changes to how features behave. Call Assistant reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Call Assistant shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services (or any part thereof).
Call Assistant will use reasonable efforts to notify you of certain changes that would likely materially affect you or your callers’ experience with the Services. These notifications, as well as service announcements and/or administrative messages will be sent to your e-mail address provided to and kept on file with Call Assistant, and you agree that you will keep such e-mail address accurate and up to date, and that any email notification sent to such address shall be deemed suitable notice of such changes. You also agree that a similar voice message notice from Call Assistant left for you in your voicemail inbox will also be deemed suitable notice of such changes.
5. CALL ASSISTANT AS YOUR AGENT
You agree that Call Assistant is your “agent” for answering and responding to calls, and fully operates on your behalf, as if Call Assistant were your assistant. Call Assistant therefore relies on your continuing representation that you have obtained, and that Call Assistant, as your agent, holds at all times, all necessary permissions to answer all incoming calls to the number you provide, access any and all contact information you provide, take messages, deliver messages to the e-mail address you provide, and to send text or e-mail messages to you and to your callers in response to any call or provided voicemail.
6. 7-DAY TRIAL & PREMIUM SERVICES
Call Assistant provides a rich set of features and capabilities in its services. Call Assistant has a free 7 day trial to have full functionality of the service and become a Registered User before you subscribe monthly or annually.
Call Assistant may also offer services and features that require explicit agreement to fees prior to the use of such service or feature (“Premium Services”). Examples of Premium Services include certain custom greetings, adding a line, and other offerings that Call Assistant may make available as “fee-based” offerings. No fee payable to Call Assistant will ever be charged to you unless you have taken specific action to order the Premium Service in question.
Price and availability of Premium Services are subject to change without notice, and Call Assistant reserves the right to limit any product sold, or prohibit a sale altogether, at anytime. Call Assistant also reserves the right to reject or cancel orders that use a coupon code that was obtained in violation of any coupon restrictions.
Subscriptions to any Premium Service may be cancelled at any time. All cancellations and downgrades are processed automatically. All Premium Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable, except that:
We automatically provide a full refund for initial purchases of a paid plan that are cancelled within 3 days
Except as prohibited by law, we may assess late charges if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third-party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your Services if you fail to pay in full on time.
7. LIMITATIONS ON USAGE
Call Assistant provides the Services on a limited basis that permits reasonable usage of the Services by you. Call Assistant may choose at any time to modify and/or enforce such limitations at its sole discretion. Reasonable usage may be defined as the average reasonable customer usage levels of any Service or feature, the usage limits explicitly communicated at or after the time of purchase, or Call Assistant’s own determined levels of usage. Call Assistant reserves the right to terminate any Service, change packaging and pricing, or otherwise take any action as necessary to prevent customer abuse and/or inappropriate or unauthorized use of Services.
You acknowledge that Call Assistant may establish general practices and limits concerning use of the Services, including without limitation, the maximum number of days messages are retained, the maximum number of calls answered or messages retained, the maximum disk space allotted on Services on your behalf, and the maximum number of times (and the maximum duration for which) you may access Call Assistant. You agree that Call Assistant has no responsibility or liability for the deletion or failure to store any messages and other communications.
You acknowledge that Call Assistant has the right to log off accounts that are inactive for an extended period of time, as well as to remove all information associated with those accounts, such as but not limited to stored voicemails, call history, contacts, and settings. Call Assistant considers any account to be inactive if it does not have a record of at least one the following activities within a 90-day period: (a) a customer or application login and/or active session for that account, (b) a received voicemail or missed call, or (c) a payment to the account.
8. POTENTIAL SERVICE-PROVIDER CHARGES; AVOIDANCE OF SUCH CHARGES
Call Assistant supports most carriers worldwide (the “Cellular Providers”). Standard airtime, text and data charges of your cellular provider and the cellular provider of your callers may apply when interacting with the Services. It is generally possible for you to minimize or eliminate charges from your cellular provider in connection with the Services, which may relate to three areas: telephone access number access, data connectivity, and text messages.
Access Numbers. Call Assistant’s Call Service provides you a Call Assistant telephone access number to which all calls are forwarded (which number may be the same for any given user). When calls are forwarded to a Call Assistant telephone access number, normal toll and/or long distance and plan minute usage may apply. To reduce the chance of unexpected charges, we strongly recommend you have a “nationwide” cell plan that includes sufficient minutes to account for any incremental forwarding or retrieval call minutes.
Data Connectivity. Call Assistant mobile apps require a data connection to our servers to operate. We recommend that you have a data plan that covers your data usage to avoid incremental charges for data use.
Based upon certain user controlled settings, Call Assistant may generate text messages to your callers, such as replying to incoming calls with a text message to the caller. This may result in Cellular Provider charges for both you and your callers. By using these features, you are representing that we are acting as an intermediary on your behalf in sending these text messages, as part of our acting as your agent for answering and responding to calls. Call Assistant is not responsible for any third-party fees (including but not limited to airtime, text or data charges) incurred by you or your callers.
9. HELP AND SUPPORT
Users of Call Assistant have access to community based support, along with “answers to common questions” through the “Help” link on the Website and mobile applications. You may report bugs, problems or complaints to firstname.lastname@example.org Call Assistant does not guarantee communications from users will be responded to and/or acted upon.
10. NO REUSE OR RESALE OF SERVICES
By registering and/or using the Services, you agree that you will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services, without an explicit commercial agreement with Call Assistant.
11. PROPRIETARY RIGHTS; INTELLECTUAL PROPERTY; INFRINGEMENT
The Company owns and retains proprietary rights in the Services. The Services contain and utilize copyrighted material, trademarks, patented technology, and other proprietary information of the Company, its licensors and licensees, and are protected by intellectual property and other laws. The Company’s property includes all content included on its web sites or in its mobile applications or accessed through phone calls, including all text, graphics, logos, button icons, images, audio clips, digital downloads, data and content compilations, and software. You agree that all of Call Assistant’s trademarks, trade names, service marks, logos and brands are property of Call Assistant (the “Call Assistant Marks”) and that you will not, without the prior permission of Call Assistant, display or use the Call Assistant Marks in any manner.
You shall be solely responsible for any content you provide or publish in connection with the Services, including but not limited to greetings, incoming or outgoing messages and photographs. You affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to upload/record without restriction and without infringing the rights or any other party all such content; and (b) without limiting the foregoing, you have the written consent, release, and/or permission of each and every identifiable individual person in such content to use the name or likeness of each and every such identifiable individual person in such content. You, and not Call Assistant, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available in connection with Call Assistant, the Services or otherwise.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE COMPANY PROVIDES THE SERVICES TO YOU ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT YOUR USE OF ANY OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, AVAILABLE, OR ERROR-FREE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
13. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Call Assistant, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Call Assistant, the Internet or otherwise. Call Assistant does not control the Content posted by users via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Call Assistant be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services.
You agree to not use the Services to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm any minor in any way;
c. impersonate any person or entity, including, but not limited to, a Call Assistant official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
f. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
g. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
h. “stalk” or otherwise harass another; and/or i. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (h) above.
You acknowledge that Call Assistant has the right (but not the obligation) in its sole discretion to remove any Content that is available via the Services.
You acknowledge, consent and agree that Call Assistant may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Call Assistant, its users, and the public.
14. LIMITATION OF LIABILITY
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AND ITS AFFILIATES AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO THE COMPANY IN CASH IN CONNECTION WITH YOUR ACCOUNT. YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH THE SERVICES, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
15. INDEMNITY BY REGISTERED USER
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, contractors, agents, attorneys and accountants from and against any and all claims, demands, losses, judgments, damages, and liabilities (including reasonable attorneys’ fees), whether or not involving a third-party (“Claims”), that relate to or arise out of your use, mis-use, or failure to properly use or limit any of the Services, including any breach by you of the Terms or this Agreement, or any result any of the foregoing may have on any of your callers or any other third party, including without limitation any violation of the rights of any person or entity.
16. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement other than Call Assistant affiliates, officers, directors, employees, contractors, agents, attorneys and accountants.
FORCE MAJEURE. Call Assistant shall not be responsible for any failure to perform any obligation or provide service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, in any such case which are being experienced by providers of telecommunications services generally and not targeted or directed at Call Assistant specifically, or (d) other similar force beyond Call Assistant’s reasonable control.
INTERPRETATION; AMENDMENT; WAIVER; SEVERABILITY. No provision of this Agreement or any exhibit or annex hereto shall be construed strictly against any party hereto, including, without limitation, the drafter hereof or thereof. No failure to exercise, and no delay in exercising and no course of dealing with respect to any right hereunder shall operate as a waiver thereof. Nor shall a waiver by any party hereto of a breach of any provision herein be deemed a waiver of any subsequent breach.
The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. The headings or titles of the several paragraphs of this Agreement are inserted solely for convenience and are not a part of, nor shall they be used or referred to in the construction of, any provision of this Agreement.
Words in the singular number shall include the plural, and vice versa. Whenever examples are used in this Agreement with the words “including”, “for example”, “any”, “e.g.”, “such as”, “etc.” or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof. All references to the masculine, feminine or neuter genders shall mean and include all genders.
In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, any such provision(s) shall be severed, and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction. Moreover, if one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad or unreasonable as to the period, scope or geographical area so as to be unenforceable at law, such provision or provisions shall be modified or substituted by the appropriate judicial body so as to cover the maximum period, scope or geographical area permitted by applicable law.
No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
LIMITED TIME TO MAKE A CLAIM. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ARBITRATION; OPT-OUT; NO TRIAL BY JURY. Except if you opt-out pursuant to the procedure below, you agree that all disputes between you and Call Assistant (whether or not such dispute involves a third party) with regard to your relationship with Call Assistant, including without limitation disputes related to these Terms and/or your use of any Service, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Call Assistant hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Call Assistant (with respect to you) will participate in a class action or class-wide arbitration for any claims or events covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Call Assistant is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the matter, then either Call Assistant or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Call Assistant can require the other to participate in an arbitration proceeding. To opt out, you must notify Call Assistant in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: Call Assistant, Attn.: Call Assistant Arbitration Opt-out, Call Assistant Inc.: 24920 Paseo Del Rancho,Calabasas, CA 91302
You must include your name and residence address, the email address and telephone number you use for your Call Assistant account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void with respect to such matters. This arbitration agreement will survive the termination of your relationship with Call Assistant.