Date of Last Revision: 8/27/2015
The use of the Contact Center Plan Services is subject to these Contact Center Online Terms, which are incorporated into Your Contact Center Module.
I. No 911 Service
YOU ACKNOWLEDGE AND AGREE THAT 911 / EMERGENCY CALLS OR MESSAGES MAY NOT BE PLACED OR SENT THROUGH THE CONTACT CENTER SERVICES, AND NO 911 CALLING OR SMS OR OTHER MESSAGING SERVICE IS OFFERED OR PROVIDED WITH THE CONTACT CENTER PLAN SERVICES.
II. RingCentral Contact Center and HIPAA
You acknowledge and agree that the Contact Center Products are not designed, manufactured, intended, or recommended for use as a repository or means by which to store “protected health information,” as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and the regulations promulgated pursuant thereto (such laws and regulations, “HIPAA”; such information, “PHI”), and You represent and warrant that neither Your Contact Center Plan nor any Contact Center Product that is a part thereof will be Used for such purpose. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY HIPAA-RELATED PRODUCT, SETTING, FEATURE, OR PROGRAM RELATED TO THE OFFICE SERVICES OR ANY OTHER NON-CONTACT CENTER PRODUCT, INCLUDING WITHOUT LIMITATION THE RINGCENTRAL HIPAA CONDUIT SETTING AND THE RINGCENTRAL HIPAA BAA PROGRAM, DOES NOT APPLY TO OR OPERATE WITH RESPECT TO YOUR CONTACT CENTER PLAN, THE CONTACT CENTER ACCOUNTS, OR CUSTOMER DATA. RINGCENTRAL SPECIFICALLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT YOUR CONTACT CENTER PLAN, THE CONTACT CENTER ACCOUNT(S), OR THE CONTACT CENTER PRODUCTS (OR THE USE OF ANY OF THE FOREGOING BY ANY PARTY) COMPLIES OR WILL COMPLY WITH HIPAA OR ANY OTHER LAW OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA OR ANY OTHER LAW. (For more information regarding RingCentral and HIPAA, please email RingCentral at HIPAA@ringcentral.com.)
III. Acceptable Use Policy
- A. Customer 911 Notification Obligations. You represent, warrant, and covenant that (i) You shall ensure that any End-User or other party who might use the Contact Center Plan Services or be present at the physical location where any Contact Center Product that is part of Your Contact Center Plan might be accessed or used (including without limitation any employee, contractor, business colleague, household resident, or guest) is fully informed and aware – before he or she is able to use the Contact Center Plan Services – that he or she will not be able to place calls or send messages to 911 or other emergency response services through the Contact Center Services or Your Contact Center Plan and (ii) You shall provide all of the foregoing parties with an alternate method by which to place such calls and, as applicable, to send such messages.
- B. High Risk Use. You acknowledge that neither Your Contact Center Plan nor the Contact Center Products are designed, manufactured, intended, or recommended for use for any high-risk or fail-safe purpose or activity or in any environment where failure, interruption, malfunction, error, or unavailability could result in substantial liability or damages, physical harm or personal injury, death or dismemberment, or property or environmental damage. You represent and warrant that You shall not use Your Contact Center Plan or the Contact Center Products for any such purpose or activity or in any such environment.
- C. Customer Legal Compliance. You represent and warrant that all Use of Your Contact Center Plan, the Contact Center Account(s), and the Contact Center Plan Services will at all times comply with all applicable industry standards (including without limitation Mobile Marketing Best Practices and Common Short Code Acceptable Use Policy) and all Laws, including without limitation the TCPA, the Telemarketing Sales Rule, and all Laws relating to Do-Not-Call provisions or lists; faxing; telemarketing; email or other marketing; spamming or phishing; data security or privacy; international communications; account or debt collection; recording of calls or conversations; export control; export of technical or personal data; end-user, end-use, and destination restrictions imposed by the United States or foreign governments; consumer protection; online behavior; acceptable content; pornography; trade practices; false advertising; unfair competition; anti-discrimination; harassment; defamation; intellectual property; or securities. You shall be solely responsible for all acts or omissions related to such compliance.
- D. Unsolicited Advertisements and TCPA Compliance. Certain communications practices – including without limitation the placing of unsolicited calls; the sending of unsolicited facsimile, internet facsimile, SMS, and/or other messages; and the use of certain automated telephone equipment to place certain calls – is regulated by the Telephone Consumer Protection Act of 1991 (the “TCPA”) (http://www.fcc.gov/document/telephone-consumer-protection-act-1991) and other Laws. You agree, covenant, represent, and warrant that:
- (i) You are the creator of the content of, and are solely responsible for determining the destination(s) and recipient(s) of, all outbound Customer Contact Center Communications;
- (ii) all content, communications, files, information, data, and other content provided to any RingCentral Party in connection to Your RingCentral Contact Center Plan (including without limitation that which is provided for transmission through Your Contact Center Plan, a Contact Center Account, or the Contact Center Plan Services) will be provided solely for lawful purposes, and in no event will any Customer Contact Center Communication or any content thereof be in violation of the TCPA or any other Law;
- (iii) no unsolicited advertisements, solicitations, marketing or promotional materials, or commercial messages or content (including without limitation any such content that is sent to any person with whom You have no prior business relationship or who has not consented to receiving such content) will be transmitted or distributed in the form of facsimiles, internet facsimiles, SMS or text messages, or emails through Your Contact Center Plan, a Contact Center Account, or the Contact Center Plan Services; and
- (iv) no SMS or text messages will be sent through the Contact Center Plan Services, a Contact Center Account, or Your Contact Center Plan to any purported member of an “opt-in” list, unless You (a) have confirmed and verified that member’s relevant subscription and opt-in consent to receive such messages and are able to provide clear and unambiguous evidence of such subscription and consent upon request and (b) have implemented a process for that member to opt-out or withdraw his or her consent in compliance with all requirements under any applicable Law, which such process must ensure that any such opt-out or withdrawal will be processed within one (1) business day.
- You acknowledge and agree that RingCentral may, at its sole option and without notice, employ technologies and procedures, including without limitation filters, that may terminate certain Customer Contact Center Communications in the event that RingCentral suspects non-compliance with this Section III.
- E. Export Restrictions. You acknowledge and agree that the Contact Center Products may be subject to United States and foreign Laws governing the export, re-export, and/or transfer of software by physical or electronic means. You agree, represent, covenant, and warrant that (i) neither You nor any End-User (nor any entity or person that controls You or any End-User) (a) is located in an Embargoed Area or listed on any Export Control List or (b) will export or re-export any Contact Center Product into any Embargoed Area or to any person, entity, or organization on any Export Control List, or to any person, entity, or organization subject to economic sanctions due to ownership or control by any such person, entity, or organization, without prior authorization by license, license exception, or license exemption and (ii) no Contact Center Product will be Used or accessed from any Embargoed Area.
- F. Recording Conversations or Calls. Certain Contact Center Products may allow You and End-Users to record conversations or Customer Contact Center Communications. The notification and consent requirements relating to the recording of conversations, calls, and/or other communications may vary from state to state, and some states may require callers / users to obtain the prior consent of all parties to a recorded conversation, call, or other communication before the caller / user may record the conversation, call, or other communication. You represent, covenant, and warrant that You will review all applicable Laws before You use or allow Use of Your Contact Center Plan or any Contact Center Account or Contact Center Product to record any Customer Contact Center Communication or conversation and will at all times comply with all such Laws. RingCentral expressly disclaims all liability and all warranties with respect to your recording of conversations and/or calls.
- G. Prohibited Use of the Contact Center Plan Services. Neither You nor any End-User may use or allow use of Your Contact Center Plan or the Contact Center Plan Services in any of the following ways:
- (i) in any manner or for any purpose that is fraudulent, malicious, deceptive, dishonest, abusive, obscene, threatening, harassing, tortious, improper, defamatory, libelous, slanderous, or in violation of any Law;
- (ii) to transmit or post material that encourages conduct that could constitute a criminal offense or give rise to civil liability;
- (iii) to send or transmit unsolicited or “junk” or “spam” advertisements, communications, or messages (commercial or otherwise), including without limitation through email, voicemail, SMS, facsimile, or internet facsimile;
- (iv) to harvest or otherwise collect information about others, including without limitation email addresses or personally-identifiable information, without their consent;
- (v) to engage in blasting or broadcasting bulk communications, advertisements, or messages (e.g., sending hundreds of messages simultaneously), including without limitation through email, voicemail, SMS, facsimile, or internet facsimile;
- (vi) to perform auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls) in violation of applicable Law;
- (vii) to engage in ID spoofing, including without limitation by creating a false Caller ID identity or forged email/SMS address or header or by otherwise attempting to mislead others as to the identity of the sender or the origin of any outbound Customer Contact Center Communication;
- (viii) to infringe, misappropriate, or otherwise violate the foreign or domestic IP Right or proprietary right of any party, including without limitation by transmitting or storing any material that might infringe, misappropriate, or otherwise violate any such right;
- (ix) to violate the right of privacy, personality, or publicity of any party, including without limitation by transmitting or storing any material that might violate any such right;
- (x) to violate any Law regarding the transmission of technical data or software exported through the Contact Center Plan Services;
- (xi) in any manner that might cause harm or damages to other customers or third parties, prevent or restrict them from using any Contact Center Product or Product, or interfere with or disrupt any such use or their enjoyment of any Contact Center Product or Product;
- (xii) in any manner that interferes with RingCentral’s ability to provide high quality products or services to other customers; or
- (xiii) to transmit, receive, store, maintain, process, create, handle, or perform any other function with respect to PHI.
- H. Prohibited Acts. You agree, represent, covenant, and warrant that neither You nor any End-User shall do, or permit or encourage any third party to do, any of the following during the Term:
- a. transmit, upload, distribute in any way, or store any corrupted file or material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs or materials that may be harmful or dangerous or may damage the operation of the Contact Center Products or another party’s computers, devices, equipment, systems, or networks;
- b. take advantage of, bypass, exploit, or otherwise avoid Your obligations or the provisions, restrictions, and prohibitions set forth in this Section III (or attempt to do so);
- c. interfere with or disrupt networks or systems connected to the Contact Center Services;
- d. sell; resell; market; distribute; lease; sublicense; distribute; export; import; or otherwise grant or purport to grant rights to third parties with respect to the Contact Center Products, any part thereof, or any Intellectual Property therein without RingCentral's prior written consent;
- e. display or use of any RingCentral Mark in any manner without the applicable RingCentral Party’s express, prior written permission, to be granted or denied in that RingCentral Party’s sole discretion,
- f. display or use of any RingCentral Mark in violation of the applicable RingCentral Party’s then-current policies on its trademark and logo usage;
- g. display or use of any Third Party Mark without the prior, written consent of the third party that owns the Third Party Mark;
- h. undertake, direct, attempt, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of any Contact Center Product or part thereof;
- i. defeat, disable, or circumvent any protection mechanism related to the Contact Center Products;
- j. intercept, capture, sniff, monitor, modify, emulate, decrypt, or redirect any communication or data used by RingCentral for any purpose, including without limitation by causing any Contact Center Product to connect to any computer server or other device not authorized by RingCentral or in any manner not authorized in advance in writing by RingCentral;
- k. allow any service provider or other third party – with the sole exception of RingCentral’s authorized maintenance providers acting with RingCentral’s express, prior authorization – to use or execute any software commands that facilitate the maintenance or repair of any Contact Center Product;
- l. gain access to or use (or attempt to gain access or use) any device, system, network, account, or plan in any unauthorized manner (including without limitation through password mining);
- m. engage in or to allow trunking or forwarding of Your RingCentral telephone or facsimile number(s) to (an)other number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system; or
- n. violate or take any action to jeopardize, limit, or interfere with the RingCentral Parties’ IP Rights, including without limitation their IP Rights in the Contact Center Products.
- I. Use and Disclosure of Intellectual Property. You represent and warrant that You shall not disclose or use any of the Intellectual Property in the Contact Center Products or any Contact Center Materials for any purpose following termination of the Contact Center Module or the limited license granted thereunder to use the Contact Center Products that are part of Your Contact Center Plan.
IV. Number Policies
- A. Number Availability. RingCentral may make available telephone and/or facsimile numbers for Your selection and assignment to Contact Center Account(s). You acknowledge and agree that a RingCentral Party’s listing of a number may be erroneous and shall not constitute a representation or guarantee that such number is actually available for such assignment, and that the RingCentral Parties shall be authorized to remove such number from a Contact Center Account in the event that it is not actually available.
- B. Number Porting Policy
- 1. Federal Porting Law. Number porting is defined and regulated by the Federal Communications Commission. You may visit http://www.fcc.gov/cgb/NumberPortability to learn more about number porting.
- 2. Number Port-In Request Procedures. You agree to complete all steps and provide all information and cooperation requested by RingCentral (which may include without limitation providing an executed Letter of Agency) in connection with any request to port any telephone or facsimile number into or out of a Contact Center Account.
- 3. The Number Porting Process. In order to request the porting out to another services provider of a number currently assigned to a Contact Center Account, You must follow the instructions specified by that services provider and must provide all information and cooperation requested by the relevant services providers, RingCentral, or any other relevant third party. You acknowledge that (i) the porting of numbers into or out of a Contact Center Account requires Your provision of specific and detailed information to RingCentral and/or third parties (including without limitation other services providers) and completion of certain steps and procedures by various parties and (ii) numbers may not be ported into or out of a Contact Center Account unless and until You are able to provide certain specific information that matches other information on record with RingCentral or other services providers. For these and other reasons, the completion of any number port request and the timing of and date by which it might be completed depend on a number of factors outside of RingCentral’s control, including without limitation the acts and omissions of You, other services providers, and other third parties.
- 4. Unauthorized Port-Outs. You acknowledge and agree that numbers may be ported out from Your Contact Center Plan or a Contact Center Account due to acts or omissions of third parties, and it may be difficult or impossible for RingCentral to (i) prevent such port-outs, (ii) retrieve numbers ported-out of a Contact Center Account, or (iii) port such numbers back into a Contact Center Account.
- 5. Accurate Porting Information. You represent and warrant that all information or representations provided in connection with any request to port in or port out numbers (including without limitation any information or representations in any Letter of Agency) by or on behalf of You or any End-User shall be true, accurate, and up-to-date.
- 6. Customer Compliance with Porting Laws. You acknowledge that the porting of numbers is subject to telecommunications and other laws and may be subject to third party terms and conditions. You represent and warrant that neither You nor any End-User will at any time (i) violate any Law or engage in any fraudulent or deceptive conduct in its porting-related requests or activities, (ii) engage in or facilitate “slamming” or the porting out of any number or change or attempt to change any party’s telephony service provider without first obtaining the proper, requisite consents and authorizations, or (iii) violate contractual or other obligations to service providers or other third parties.
- C. Customer Publication and Listing of Numbers. Neither You nor any End-User may publicize, list, or communicate any number that you believe to be assigned to Your Contact Center Plan or a Contact Center Account or purchase or invest in any materials or media reflecting any such number unless and until You have verified that such number is active and functioning as desired, including without limitation by test calling such number from a non-RingCentral service plan and verifying that the Contact Center Plan Amounts that will be incurred in connection with Use of such number are acceptable to You.
V. RingCentral and Customer Data
- A. Passive Conduit Role. The Parties acknowledge and agree that (i) RingCentral’s role with respect to Customer Contact Center Communications and the content thereof shall be that of a passive conduit and (ii) any storage of Customer Data by any RingCentral Party shall be performed merely as a convenience to You and as a compliment to and incidental to RingCentral’s core data transmission function.
- B. Disclaimer of Data Storage Responsibilities. You acknowledge and agree that (i) the RingCentral Parties shall have no obligation to store, retain, back-up, or ensure the availability of any Customer Data, (ii) to the extent that You wish to retain any Customer Data or other information relating to Your Contact Center Plan, a Contact Center Account, or the Use thereof, You shall ensure that such information is downloaded, saved, and/or backed-up outside of Your Contact Center Plan, the Contact Center Account(s), and the Contact Center Products, as necessary or appropriate for Your and/or the End-Users’ purposes, (iii) You shall not rely on Your Contact Center Plan or any Contact Center Account or Contact Center Product as a repository for or means by which to retain, store, or back-up Customer Data or any other data, information, or materials, (iv) RingCentral may delete or purge any and all copies and versions of any Customer Data or other data at any time, without notice, including without limitation after You delete any such information from a Contact Center Account or after termination of the Contact Center Module or closure of a Contact Center Account, and (v) RingCentral may, in its sole discretion and option and without notice, implement reasonable limits as to the size or duration of storage of Customer Data.
- C. Limited Accessing of Customer Data. You acknowledge and agree that, notwithstanding anything to the contrary in the Contact Center Module, RingCentral (i) shall have no obligation to access, view, listen to, watch, or review any Customer Data or to perform any task or undertake any role that would entail or require any of the foregoing, (ii) may not have access to Customer Data, or such access may be incomplete, limited, restricted, or subject to certain conditions, and (iii) RingCentral shall have the right to limit, restrict, condition, or eliminate the ability of any RingCentral Party to access any Customer Data in its sole discretion and without notice.
- D. Record / Information Gathering and Production. You acknowledge and agree that the Contact Center Plan Services do not include the performance of any of the following tasks or work by any RingCentral Party, and in no event shall any RingCentral Party be obligated under the Contact Center Module to perform any of the following tasks or work: (i) the investigation, access, correction, alteration, gathering, compilation, review, verification, or production of any Customer Data or any other records, documents, information, or evidence related to You or Your Contact Center Plan or transmitted, received, or stored through Your Contact Center Plan, a Contact Center Account, or the Contact Center Plan Services or (ii) the provision of legal or other counsel, (iii) the provision of assistance, cooperation, or information beyond that which is directly and specifically related to RingCentral’s fulfillment of its obligations under the Contact Center Module, including without limitation any attempt to (a) determine, prove, or disprove any fact or claim, (b) pursue or defend against any claim, allegation, action, lawsuit, demand, or proceeding, (c) substantiate any party’s compliance with any Law or Legal process, (d) respond to or comply with any Legal Process or other request or demand, (e) identify any party, or (f) conduct any surveillance.
- E. Export of Customer Data. You acknowledge and agree that any Customer Data or other information or materials that You export from its resident Contact Center Account in any way will leave RingCentral’s control and will not be subject to or protected by RingCentral’s security controls and You shall be solely responsible for managing the security, privacy, integrity, etc. of any such exported Customer Data, information, and materials and any external service, environment, account, or repository to which they might be exported.
- F. No Involvement in Content or Destinations of Customer Contact Center Communications. You acknowledge and agree that You are solely responsible for the content of all Customer Contact Center Communications (including without limitation the accuracy, quality, legality, reliability, and appropriateness thereof and the IP Rights therein) and the selection or determination of the destination(s) and/or recipient(s) of any outbound Customer Contact Center Communications. You shall be solely responsible for providing all required notices and obtaining all approvals, consents, or authorizations related to the use, reproduction, transmission, or receipt of the content of any Customer Contact Center Communication and represent and warrant that You shall do so. RingCentral shall in no event (i) have any involvement or role in the creation, generation, editing, authorship, or revision of the content of any outbound Customer Contact Center Communications or the selection or determination of the destination(s) and/or recipient(s) thereof or (ii) sell, rent, provide, or offer to You or any End-User any list of persons or entities or the telephone or facsimile numbers or other information relating thereto.
- G. Release. You hereby release, discharge, and hold harmless the RingCentral Parties from and against any and all liability relating to or arising from its acts or omissions in accordance with this Section V.
VI. Account Disputes; RingCentral’s Legal Compliance
- A. Contact Center Account Disputes. You agree that in no event shall any RingCentral Party be obligated to – and in no event shall you request that any RingCentral Party – participate in or act as the arbiter, adjudicator, or intermediary with respect to any claim or dispute relating to the ownership or control of, or rights relating to, Your Contact Center Plan, any Contact Center Account, any number assigned to a Contact Center Account, or any Customer Data or other information related to a Contact Center Account or Your Contact Center Plan (“Contact Center Account Ownership Disputes”). In the event of any Contact Center Account Ownership Dispute, RingCentral shall be authorized to take any course of action that it deems to be appropriate, including without limitation declining to take any action.
- B. RingCentral’s Compliance with Laws and Legal Process. You acknowledge that RingCentral is subject to numerous changing Laws and may receive Legal Process requesting or ordering the capture and/or production of Customer Data or other records, information, or evidence related to Your Contact Center Plan, a Contact Center Account, or the Use thereof. You agree that notwithstanding anything to the contrary in the Contact Center Module, the RingCentral Parties shall be permitted to (i) perform any act or omission (including without limitation blocking or restricting access or use of the Contact Center Plan Services within certain foreign jurisdictions or the transmission or receipt of Customer Contact Center Communications to or from such jurisdictions) that it deems necessary, appropriate, or advisable in their reasonable discretion to comply with or avoid violating any Law, Legal Process, or governmental request or policy and (ii) decline to perform any act or omission that involves dishonesty, deception, or fraudulent conduct.
- C. Release. You agree to release, discharge, and hold harmless the RingCentral Parties from and against any and all liability relating to or arising from their acts or omissions related to any Contact Center Account Ownership Dispute or in seeking to comply with any Law or any Legal Process.
VII. Customer Security Policy
- A. Password Information Security. You agree that all Password Information that You or any End-User controls shall, to the extent possible, consist of at least eight (8) characters and shall include at least one letter, one number, and one special character and exclude any generic or obvious content. You further agree to ensure that all such Password Information is (i) immediately customized if it is default or set by another party, (ii) changed on at least a quarterly basis and not reused, (iii) immediately changed in the event that You learn of or suspect that any Contact Center Account Security Incident has occurred, (iv) not transmitted or stored in any unsecure manner (including without limitation through any auto-storage, caching, “remember,” or auto-fill feature), (v) not shared with or made available to any party who does not possess the full right and authority to perform all acts that the Password Information allows to be performed, and (vi) protected from theft or unauthorized access, use, or disclosure with at least a reasonable degree of care and diligence.
- B. End-Point Security. You agree to protect all End-Points using, at minimum, industry-standard security measures, including without limitation (i) passwords or other credentials, (ii) network segmentation and access restrictions utilizing an accurate and up-to-date access control list, (iii) session time-out and/or locking screen saver features, and (iv) use of an effective and up-to-date firewall for all networks to or through which any End-Point might connect. YOU ACKNOWLEDGE AND AGREE THAT THESE REQUIREMENTS APPLY TO IP PHONES, WHICH UTILIZE THE SAME CONNECTIVITY – AND ARE SUBJECT TO THE SAME SECURITY RISKS – AS COMPUTERS.
- C. Use of Security Features. You acknowledge that some Contact Center Product security features may require activation or installation of an update, or may be de-activated or uninstalled. You agree to ensure the activation and use of all features that are necessary or appropriate to protect the Contact Center Accounts, End-Users, or Your organization’s assets and operations and to promptly install all Contact Center Product updates.
- D. Account and End-User Management. You acknowledge and agree that Contact Center Account Administrators and Named Contacts may have the ability to make purchases and enter into transactions on Your behalf and/or to perform acts related to Your Contact Center Plan or a Contact Center Account that may significantly affect You or the operation of Your Contact Center Plan and/or Contact Center Account(s), including without limitation removing or modifying numbers or extensions assigned to a Contact Center Account, payment method(s), Contact Center Products, or settings. You agree to maintain sole and exclusive control over the Contact Center Accounts at all times and to ensure that all Contact Center Account rights, permissions, skills, and settings, and all Use, are effectively managed as necessary to prevent any unauthorized access to, use or Usage of, or transaction or activity through or relating to Your Contact Center Plan or a Contact Center Account (“Unauthorized Activity”), including without limitation by implementing the following measures and practices:
- (i) Disable international calling for all Contact Center Accounts or Users for which such calling activity is not needed or not authorized;
- (ii) Disable outbound calling for all Contact Center Accounts or Users for which such calling activity is not needed or not authorized;
- (iii) Regularly monitor, review, and scrutinize End-User and other Contact Center Account activity;
- (iv) Promptly notify RingCentral of any actual or suspected Unauthorized Activity, erroneous billing, or breach or compromise of any Password Information or the security or privacy Your Contact Center Plan, a Contact Center Account, or any Customer Data (“Contact Center Account Security Incident”) and provide all reasonable information and cooperation requested by RingCentral in responding to any Contact Center Account Security Incident; and
- (v) Implement, and regularly train all End-Users as to, comprehensive general security controls and practices, as necessary to ensure Your compliance with this Section VII.
VIII. Service Requirements and Limitations
- A. Caller ID Display Limitations. You acknowledge and agree that the disclosure and/or display of information related to the origination of calls, messages, and other communications (including without limitation “Caller ID” information) may be subject to legal requirements, including without limitation those related to the accurate display of such information or the enforcement of certain privacy instructions, settings, etc. and RingCentral shall have no obligation to disclose, display, or transmit any such information for or in connection with any Customer Contact Center Communication.
- B. Voice-to-Text and Text-to-Voice. You acknowledge and agree that (i) any and all Voice/Text Features are provided merely as a convenience and may not accurately transcribe voice content, articulate text messages, or perform such functionality for all voice content or text messages or for the entirety of voice content or text messages, (ii) neither You nor any End-User may rely on any Voice/Text Feature to perform such accurate transcription or articulation, and (iii) You and all End-Users shall be responsible for reviewing and/or listening to the original content of any Customer Contact Center Communication or other media as necessary or appropriate to prevent You, any End-User, or any other party from incurring any cost, expense, liability, loss, damage, or harm.
- C. IP Network Sufficiency. You acknowledge and agree that (i) the Contact Center Products require a properly-configured, high performance, enterprise-grade broadband IP network and connection, (ii) use of the Contact Center Plan Services with any lesser network, services, or connection may result in partial or complete unavailability, interruption, or underperformance of the Contact Center Products or other services utilizing the same network, services, or connection, and (iii) 3G or 4G networks are not recommended for use with the Contact Center Products. Accordingly, you agree to provide and maintain, at Your cost, an IP network, services, and connection meeting the foregoing standard and all equipment necessary for the Contact Center Plan Services to connect to and use such network, services, and connection.
- D. No Warranty of Device Compatibility. RingCentral does not guarantee or make any representation or warranty that any IP or other telephone or other device will work or be compatible with the Contact Center Plan Services or support the Contact Center Plan Services’ full performance or quality of service potential or range of features and functionalities.
IX. Service and Promotional Communications and Publications
- A. Erroneous Contact Center Materials. In its marketing, advertising, offering, and sale of the Contact Center Products, RingCentral attempts to describe the Contact Center Products as accurately as possible. Nevertheless, RingCentral does not warrant that any Contact Center Materials are accurate, complete, reliable, current, or error-free. It is possible that Contact Center Materials may be inaccurate or out-of-date, such as listing erroneous or out-of-date pricing information or referring to Contact Center Products that are no longer available. Contact Center Materials are provided only for customers’ convenience and is not part of the Contact Center Module or any other agreement with RingCentral.
- B. RingCentral Communications. You agree that RingCentral may send, or have sent, to You, Contact Center Account Administrators, Named Contacts, contacts, and/or End-Users (i) communications related in whole or in part to the administration, support, Use, development, or improvement of Your Contact Center Plan or a Contact Center Product (including without limitation communications related to billing, payment, Usage, purchases and other transactions, Customer Contact Center Communications, upgrades, updates, installations, new Contact Center Products, security issues, support cases, and/or customer satisfaction) (“Contact Center Service Communications”), (ii) occasional non-bulk sales-related communications, and (iii) other communications solely or primarily designed to market Contact Center Products (“Contact Center Marketing Communications”). RingCentral shall not send Contact Center Marketing Communications to a Contact Center Account’s general User-base without providing You with prior notification and right to opt out, which You may exercise by contacting Customer Care as set forth in the Contact Center Module. You hereby consent to the RingCentral Parties’ distribution of Contact Center Service and Marketing Communications in accordance with this Sub-Section IX(B). In the event that You or any End-User provides RingCentral with any feedback, answers, ideas, comments, or other information in connection with any of the foregoing communications, You hereby grant RingCentral a perpetual, irrevocable, unlimited, worldwide, fully-paid up, royalty-free right and license to use the same as RingCentral deems appropriate.
- C. Promotional Services. You acknowledge and agree that in the event that RingCentral offers or provides you discounts or promotional services for Your Contact Center Plan or a Contact Center Account, RingCentral may terminate or modify the scope of such promotional services at any time without notice, unless RingCentral specifically agrees otherwise in writing in connection with its provision of the discounts or promotional services.
X. Proprietary Rights
- A. Proprietary Rights in Customer Data. As between RingCentral and You, all title and IP Rights in and to Customer Data is owned exclusively by You. You hereby grant a royalty-free, fully paid-up, worldwide, limited, non-assignable, non-sublicenseable right and license to the RingCentral Parties and their subcontractors to copy, duplicate, reproduce, transmit, process, store, and use Customer Data in connection with the activation, provision, support, improvement, administration, development, or management of Your Contact Center Plan, the Contact Center Account(s), or the Contact Center Products or Products, or any other products, services, or plans offered or provided by the RingCentral Parties.
- B. RingCentral’s IP Rights. You agree that all rights, title and interest in and to all Intellectual Property in the Contact Center Products or any Contact Center Materials are owned exclusively by the RingCentral Parties or their licensors. Except as expressly provided in the Contact Center Module or these Contact Center Online Terms, the limited license granted to You under the Contact Center Module does not convey any ownership or other rights, express or implied, in the Contact Center Services, any Contact Center Materials, or in any Intellectual Property.
XI. User-Base Training.
- You represent and warrant that You will ensure that all actual or potential End-Users are (before being permitted to access and/or use Your Contact Center Plan, any Contact Center Account, or the Contact Center Plan Services, and on an ongoing basis thereafter) made aware of and trained with respect to the Contact Center Module’s terms and conditions, as necessary and appropriate to ensure compliance therewith.
- All capitalized terms used in these Contact Center Online Terms shall be defined (i) in accordance with the following definitions or as otherwise defined in these Contact Center Online Terms; (ii) if not defined in these Contact Center Online Terms, as defined in the Contact Center Module; or (iii) if not defined in these Contact Center Online Terms or in the Contact Center Module, as defined in the Office Agreement.
- A. “Customer Data” means information provided by You to RingCentral in connection with Your Contact Center Plan, including without limitation Customer Contact Center Communications (and the content thereof); Contact Center Registration Information; Contact History; agent names, phone numbers, email addresses, skills, and work performance metrics.
- B. “Contact History” means a record of the transactions processed by RingCentral in connection with Your Contact Center Plan or a Contact Center Account; such record may include without limitation automatic number identification, caller identification, point of contact information, the contents of any recorded call and other miscellaneous information from contact types, such as chat, text, email, and other work items.
- C. “Embargoed Area” means a country or region that is subject to a United States, United Nations, or European Union embargo or economic sanctions, including without limitations destinations designated by the United States Government in Country Group E or Part 746 of the Export Administration Regulations (15 CFR Part 730-774), or otherwise subject to territorial sanctions under regulations administered by the Department of the Treasury, Office of Foreign Assets Control, or other governmental authorities with jurisdiction.
- D. “End-Point” means an end point through which any End-User might access and/or use the Web Console for any Contact Center Account or any Contact Center Product, including without limitation all IP or other phones and all application instances and software through which the Contact Center Plan Services may be accessed or used and all devices or VoIP infrastructure on which any such instances or software is installed.
- E. “Export Control List” means any list maintained by the government of the United States or any other country of entities or individuals that are subject to export controls or economic sanctions, including without limitation the United States Commerce Department’s Denied Parties List, Entity List, or Unverified List; the United States Department of the Treasury’s or the United States Office of Foreign Assets Control's Specially Designated National List; Sectoral Sanctions List; Foreign Sanctions Evaders List; and similar lists of entities, organizations, or individuals subject to export control restrictions or economic sanctions that are maintained by other agencies of the United States Government, the United Nations, the European Union, or any other governmental authority with jurisdiction.
- E. “Intellectual Property” means mean all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with (a) patents and patent applications, inventions, industrial designs, discoveries, business methods, and processes; (b) copyrights and copyright registrations, and “moral” rights; (c) the protection of trade and industrial secrets and confidential information; (d) other proprietary rights relating to intangible property; (e) trademarks, trade names and service marks; (f) a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (g) analogous rights to those set forth above; and (h) divisions, continuations, continuations-in-part, renewals, reissuances and extensions of the foregoing (as applicable).
- G. “Legal Process” means any court or administrative order, subpoena, civil investigation demand, warrant, or other official request, order, or process.
- H. “Password Information” means any and all passwords, PINs, IVR PIN codes, security questions or answers, and other access-related credentials related to Your Contact Center Plan, a Contact Center Account, or a Seat or User.
- I. “RingCentral Mark” means a United States and foreign trademark, service mark, copyright, or logo of a RingCentral Party.
- J. “Third Party Mark” means a United States and foreign trademark, service mark, copyright, or logo of a third party.
- K. “Voice/Text Feature” means any functionality or feature within any Contact Center Product or otherwise provided by RingCentral that converts voice content to text content or vice versa.