Date of Last Revision: October 2009
These Terms of Service (“TOS”) constitute an agreement between RingCentral, Inc., a California corporation, and its subsidiaries, affiliates, agents, and/or licensors (“RingCentral”, “we” or “us”), and the end-user customer (“Customer”, “you” or “user”) for certain RingCentral services (“RingCentral MobileSM Service” or “Services”) available through the iPhone and other mobile devices that are associated with your assigned RingCentral Account” (“RingCentral Account”). The Services include all services made available through RingCentral’s paid account plans (“Paid Services”) and/or any limited promotional services RingCentral may offer from time to time with or without charge (“Limited Promotional Services”). This TOS covers and applies to all current versions and releases of the RingCentral MobileSM Service and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between RingCentral and you with respect to the RingCentral MobileSM Service.
You are required to indicate your assent to this TOS agreement through one or more mechanisms provided by RingCentral (e.g. pressing an on-screen button or checking a box indicating your agreement to the TOS) before accessing the Services.
NO 911 CALLING
DO NOT USE THE RINGCENTRAL MOBILESM SERVICE TO CALL 911. IN AN EMERGENCY, EXIT THE RING CENTRAL MOBILESM SERVICE AND DIAL 911 FROM YOUR IPHONE OR MOBILESM DEVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE RINGCENTRAL MOBILESM SERVICE IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL NOT USE THE RINGCENTRAL MOBILESM SERVICE TO CALL 911.
NO iPOD OR iTOUCH CALLING
THE RINGCENTRAL MOBILESM SERVICE CANNOT BE USED TO MAKE OR RECEIVE CALLS, INCLUDING 911 CALLS, FROM ANY iPOD OR iTOUCH DEVICE EVEN THOUGH THE RINGCENTAL MOBILESM SERVICE WILL DISPLAY A RINGOUT DIAL-PAD ON SUCH DEVICES. IN AN EMERGENCY, EXIT THE RING CENTRAL MOBILESM SERVICE AND DIAL 911 FROM A TRADITIONAL PHONE DEVICE (LANDLINE OR CELL PHONE) WITH 911 DIALING CAPABILITIES.
1. ADDITIONAL AGREEMENTS
Access to the RingCentral MobileSM Service requires the user to download and install the RingCentral MobileSM Service software application for the appropriate mobile device (e.g., iPhone, Blackberry, etc.) (the “Licensed Application”). Use of the Licensed Application is governed by the Licensed Application End User License Agreement.
You may choose to purchase or use other RingCentral services, including other iPhone or mobile services, telephone services, fax services, and related services (“Other Service” or “Other Services” and, collectively with the RingCentral MobileSM Service, the “Service” or “Services”). Your use of the Other Services requires you to agree to the RingCentral General Terms of Service. If you access Services through RingCentral Softphone™ software, you are required to agree to the End User License Agreement for that software, available here. If you access Services through the Licensed Application software, you are required to agree to the End User License Agreement for the Licensed Application software, available here. RingCentral also offers DigitalLineSM Voice over Internet Protocol (“VoIP”) services. Upgrading your RingCentral Account to add Ring Central DigitalLineSM VoIP features requires you to agree to the Supplemental Terms of Service for RingCentral DigitalLineSM VoIP Services, available here. If you subscribe to RingCentral DigitalLineSM services, those services are also included in the definition of Services above.
2. REGISTRATION PROCEDURES
Upon signing up for the RingCentral MobileSM Service and at subsequent times as requested by RingCentral, you agree to provide true, accurate, current and complete name, contact information, and other data to RingCentral. If you provide information that is, or that RingCentral suspects to be, false, inaccurate, not current, or incomplete, RingCentral has the right to suspend or terminate your Account and/or the RingCentral MobileSM Service and refuse any and all current or future use of all Services, or any portion thereof. At all times, you shall maintain and promptly update registration data as applicable.
Upon completion of all registration information and acceptance of this TOS, RingCentral will provide you with, as applicable, a password, user ID, and/or PIN and telephone number. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your RingCentral Account. You shall immediately notify RingCentral if any unauthorized use of your RingCentral Account or any other breach of security has occurred. In no event shall RingCentral be liable for any unauthorized use of your RingCentral Account.
3. CUSTOMER REPRESENTATIONS
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this TOS.
You represent and warrant that your name, user name, and contact information are true and correct.
You agree to be responsible for your use of the RingCentral MobileSM Service (including use of your RingCentral Account by others).
4. AUTHORIZED USES; PROHIBITED USES
You understand and agree to use the Service only for lawful purposes and that you shall not, at any time, use the Service for any illegal, fraudulent, improper or abusive purpose or in any way which interferes with our ability to provide the Service to other customers, prevents or restricts other customers from using the Services, or damages any RingCentral or other customer’s property. Prohibited uses include, but are not limited to, uses in connection with the following:
You further understand and agree that:
5. RINGCENTRAL’S PROPRIETARY RIGHTS
You acknowledge and agree that any and all intellectual property rights (the “IP Rights”) associated with the Service are and shall remain the exclusive property of RingCentral and/or its licensors. Nothing in this TOS intends to or shall transfer any IP Rights to, or to vest any IP Rights in you. You are only entitled to the limited use of the rights granted to you in this TOS. You will not take any action to jeopardize, limit or interfere with any IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this TOS, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that may be accessed through the Services is the property of the respective content owners and may be protected by applicable patent, copyright, or other intellectual property laws and treaties.
You may not copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of RingCentral’s technology or software for any purpose whatsoever.
6. CHARGES, PLAN CREDITS AND CHARGEBACKS
Generally. You are responsible for paying all charges for your RingCentral Account, including but not limited to any toll-free, local, long distance, and directory assistance charges encountered as a result of using the RingCentral MobileSM Service, and for all taxes and surcharges imposed on you or us as a result of your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. The current terms and conditions for RingCentral’s service plans and pricing are available here. RingCentral reserves the right to charge termination and transfer fees consistent with each plan’s terms and conditions.
Plan Credits; Minutes of Calling. RingCentral offers several different service plans. All of the service plans provide for a fixed number of monthly credits (“Monthly Credits”). If you exceed your Monthly Credits during the course of a month, you may purchase additional credits as needed. RingCentral may also provide you certain bonus credit minutes and/or other promotional incentives (e.g., “tell-a-friend” credits) and the like. All of these credits (“Plan Credits” or “Calling Credits”) are quoted in terms of domestic minute usage, and are thus sometime referred to as “minutes.” As explained below, International Calling may be charged at a different rate than domestic calling, and a Plan Credit “minute” therefore will not entitle you to a minute of calling to some or all international points.
International Calling. Because Plan Credits are quoted for domestic minute usage, you may be charged additional Plan Credits and/or additional rates may apply if you use your Plan Credits for international calling. RingCentral’s current international rates may be found here. You are advised to refer to your specific Paid service plan details regarding all domestic and international charges and all other terms and conditions of your plan.
Value, Ownership, and Expiration of Plan Credits. Plan Credits have no monetary value. Plan Credits may only be redeemed by the holder of the RingCentral Account to which the Plan Credits have been credited, and may not be sold, transferred, or assigned, or used by another user or with another user’s RingCentral Account. Your monthly credits expire at the end of the relevant Service month and do not “roll over” to the next month. Unused purchased Plan Credits do roll-over month-to month, but expire 12 months after purchase.
Fraudulent or Erroneous Charges. RingCentral strongly encourages you to contact RingCentral directly in all cases of suspected fraud or error involving your RingCentral Account. In most cases, RingCentral can correct fraudulent or erroneous charges without bank or credit card company intervention. If you suspect fraud or discover erroneous charges on your RingCentral Account, please contact RingCentral customer support at (888) 898-4591. When you contact customer support, please have the following information available: (a) your name, contact information, and the RingCentral Account telephone number in question, (b) the date that the RingCentral Account in question was created, (c) the credit card account number used to open the RingCentral Account, and (d) the total amount charged to the RingCentral Account. If you request that your bank/credit card perform a chargeback without first contacting RingCentral and RingCentral subsequently determines that the charges at issue are not erroneous or fraudulent, RingCentral reserves the right to take any available legal action and to hold you responsible for all chargeback and other fees and charges that may apply.
7. BILLING AND PAYMENT
Any applicable initiation charges, usage and monthly recurring charges and fees are billed in full in advance. Termination and transfer charges are billed in arrears. Upon termination of your RingCentral Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or proration shall be made of any unused Plan Credits or of any remaining periods/months on any pre-paid or annual service plan.
When you sign up for a service plan, you will provide us with a payment method, such as a valid credit card, and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any disconnection applicable fee and any other outstanding charges and disconnect your service. You will advise us of any changes to your payment method, such as credit card account number or expiration date changes. Time is of the essence for payment. Therefore, you agree to pay us interest on the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due. We may assess an additional fee of fifty dollars ($50) for any check returned for nonpayment.
Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations to charges to your Account.
8. SCOPE OF LIMITED PROMOTIONAL SERVICES
From time to time, Ring Central may make Limited Promotional Services available at no cost to you. You understand and agree that RingCentral may modify the scope of the Limited Promotional Services it offers at any time without additional notice to you. You further understand and agree that Ring Central may offer Limited Promotional Services only to new customers and that you may not be eligible for some or all Limited Promotional Service offerings.
9. TERMINATION OR MODIFICATION OF THE RINGCENTRAL MOBILESM SERVICE
You may cancel your use of the RingCentral MobileSM Service with or without cause at any time by calling RingCentral at (800) 574-5290. RingCentral is available to take your call Monday-Friday between 9:00 a.m. and 5:00 p.m. Pacific Time.
You understand and agree that RingCentral may at any time, and without additional notice to you terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the RingCentral MobileSM Service if:
Upon any termination in accordance with the foregoing, RingCentral may immediately deactivate or delete your RingCentral Account and all related information and files in your RingCentral Account and/or bar any further access to such files, information, or the Services.
RingCentral shall not be liable to you or any third party for any reason for terminating your use or access to the RingCentral MobileSM Service.
If you or RingCentral terminates your right to use the RingCentral MobileSM Service, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits.
10. REASONABLE USE
Unusually high usage of the RingCentral MobileSM Service attributable to individual RingCentral Accounts may impair RingCentral’s ability to provide the RingCentral MobileSM Service and/or indicate misuse of the RingCentral MobileSM Service. Accordingly, your use of the RingCentral MobileSM Service is subject to reasonable use limitations. For all RingCentral Accounts, reasonable use means that, in RingCentral’s sole and reasonable discretion, your use of the RingCentral MobileSM Service does not materially impair RingCentral’s ability to provide the RingCentral MobileSM Service to other users. Except where prohibited by law, RingCentral reserves the right to immediately disconnect, suspend or modify your RingCentral MobileSM Service if RingCentral determines that your use of the RingCentral MobileSM Service violates RingCentral’s Reasonable Use Policy.
11. NUMBER OWNERSHIP
You understand and agree that you are not the owner of any telephone number assigned to you by RingCentral. You understand and agree that RingCentral may from time to time need to change the telephone number assigned to you (due to an area code split or for any other reason). You understand that if the number assigned to you by RingCentral is available for reassignment, it may be reassigned upon termination of your Service. RingCentral will not be liable for any damages (including consequential or special damages) arising out of any such reassignment. In addition, you understand and agree that RingCentral will not be liable for the failure of any third party to port any telephone number to or from any third party service provider.
12. NUMBER AVAILABILITY
The RingCentral MobileSM Service permits you to choose a toll-free RingCentral number from among a limited selection of possible toll-free RingCentral numbers (as well as use your existing RingCentral telephone number). RingCentral will attempt to provide you with the number that you choose. However, RingCentral cannot guarantee that requested numbers will be available. You should not order any printed material, such as business cards or stationary, showing a RingCentral number, or issue any press releases or otherwise publicize any RingCentral telephone number until that number becomes active in your RingCentral Account and you have subscribed for a paid service plan (i.e., after the expiration of any free trial period). RingCentral will not be liable for reimbursement for press releases, business cards and/or stationary under any conditions.
RingCentral is not obligated to store your voicemails, sent/received calls, and/or other information maintained or transmitted by the Services, and does so only as a convenience to you. You agree that RingCentral has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the Services.
14. UNSOLICITED ADVERTISEMENTS
The transmission of certain unsolicited calls, facsimiles, or otherwise using the Service for broadcasting or transmitting unsolicited advertisements is prohibited by federal law, including the Federal Telephone Consumer Protection Act of 1991 (http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html), and a number of similar state laws. Distribution of unsolicited advertisements through the RingCentral MobileSM Service is prohibited. You shall not use the RingCentral MobileSM Service to send or transmit any unsolicited communications or advertisements and understand that, if you do, RingCentral may immediately terminate your right to use the RingCentral MobileSM Services without any liability of any kind and you may be liable and subject to monetary and other penalties related thereto.
At RingCentral’s option and without further notice, RingCentral may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to hold harmless RingCentral from and against any damages or liabilities of any kind related to any voicemail, broadcast and/or other bulk or unsolicited materials that you may send and/or receive using the RingCentral MobileSM Service.
15. WARRANTY DISCLAIMER
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND RINGCENTRAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. RINGCENTRAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.
RINGCENTRAL MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE, THE QUALITY OF VOICE OR FAX COMMUNICATIONS.
RINGCENTRAL MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. RINGCENTRAL IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
RINGCENTRAL DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND RINGCENTRAL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RINGCENTRAL, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, RINGCENTRAL MAKES NO GUARANTEES OF SECURITY.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL RINGCENTRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. RINGCENTRAL’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE MONTHLY FEES RINGCENTRAL CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless RingCentral, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this TOS by you, and/or (4) your violation of any law or of any rights of any third party. The provisions of this section are for the benefit of RingCentral and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
19. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this TOS from time to time upon delivery of electronic mail notice to you. Notices will be considered given and effective on the date sent to your registered electronic mail address. RingCentral generally provides written notice of changes to your account, including this TOS and other legal agreements, via email on your billing statements. Please carefully read and review each billing statement fully regarding any such notice(s) of changes to your account.
If you do not agree to the modifications, your only recourse is to terminate your use of the RingCentral MobileSM Service. The modified TOS shall supersede all previously agreed to electronic and written terms of service governing the RingCentral MobileSM Service, including any prior versions of this TOS. You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a routine basis, and (iii) making sure that RingCentral communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider or for any other reason.
20. COPYRIGHT INFRINGEMENT
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the Service for purposes of determining copyright infringement. However, RingCentral reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if RingCentral determines that a user is a repeat infringer.
21. FORCE MAJEURE
RingCentral shall be excused from any delay or failure in performance hereunder, , caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.
Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 days following the date deposited in regular United States Mail, postage prepaid, addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Legal Department and received at our then-current address as posted on our website. Your notice must specify your name and RingCentral Account information. All notices from you to RingCentral must be made in writing.
23. GENERAL INFORMATION
The laws of the state of California, excluding its conflicts-of-laws rules, govern this TOS.
If any part of this TOS is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
The failure of RingCentral to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision.
You agree not to transfer or assign this TOS or any of your rights under this TOS. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this TOS shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.
The provisions of this TOS relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this TOS for any reason.
The U.N. Convention for the Sale of Goods shall not be applicable to your purchase of RingCentral Services.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
24. DISPUTE RESOLUTION AND OPTIONAL ARBITRATION
You agree that any disputes between you and RingCentral shall be adjudicated in the state and federal courts of the State of California, U.S.A. Venue for all claims and disputes between you and RingCentral shall be the county of San Mateo, State of California. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction.
Some jurisdictions may place limits on dispute resolution provisions, so certain of the foregoing requirements may not apply to you.
Copyright 2013 RingCentral, Inc. All rights reserved.