Date of Last Revision: October 20, 2017.
The use of the Plan Services is subject to these Online Terms, which are hereby incorporated into and made a part of Your Office Plan Purchase Agreement.
1. Operation and Limitations of the RingCentral 911 Service
- (a) RingCentral Provides Access to Emergency Calling Services (911).
- RingCentral provides access to emergency calling services, allowing most RingCentral MVP users to access either basic 911 or Enhanced 911 (E911) service (or 999/112 in the United Kingdom and throughout the European Union, 999/995/993 in Singapore, and any other applicable Emergency Services number) (collectively “Emergency Calling Services”). Your access may differ depending on the device You are using, and Emergency Calling Services work differently than You may have experienced using traditional wireline or wireless telephones. It is strongly recommended that You have an alternative means for placing emergency calls available at all times.
- RingCentral MVP users using IP Desk Phonesor“ IP Desk Phone ” means a telephony hardware device that uses VoIP to place and transmit telephone calls over an IP network.911-Enabled Softphonescan dial 911 directly from their IP Desk Phones or 911-Enabled Softphone. EMERGENCY CALLS CANNOT BE PLACED THROUGH SOFTPHONES THAT ARE NOT 911-ENABLED. For purposes of these Online Terms “IP Desk Phone” means a telephony hardware device that uses VoIP to place and transmit; “911-Enabled Softphone” means a softphone for which the RingCentral 911 Service is supported as identified in a pop-up notification within the Softphone application.“ 911-Enabled Softphone ” means a Softphone for which the RingCentral 911 Service is supported.
- Calls to 911 placed through the RingCentral Mobile Application on a smartphone are automatically routed to the native dialer on the smartphone, and the call will be handled by Your wireless service provider if wireless service is available. If Your wireless service is unavailable, the 911 call cannot be placed. The RingCentral Mobile Application cannot place emergency calls over Wi-Fi access. Emergency dialing is not available through the RingCentral Mobile Application on tablets or other mobile devices without a native phone dialer and a wireless service plan.
- (b) How it Works.
- When a RingCentral MVP user dials 911 on an IP Desk Phone or 911-Enabled Softphone, the RingCentral phone number and the Registered Address You have provided is sent to the local emergency center serving Your location. Your “Registered Address” is the address of the physical location where You will use Your Plan Services. In some areas, emergency operators have access to this information; however, in areas where only basic 911 service is available, the emergency operator answering the call may not be able to see Your RingCentral telephone number or Your Registered Address. You should always be prepared to provide the emergency operator with Your RingCentral telephone number and Registered Address in case the call is dropped or disconnected. If You are unable to speak, the emergency operator may not be able to send help to Your location and/or call You back should the call be disconnected. RingCentral does not control whether or not the emergency operator receives Your telephone number and Registered Address.
- Emergency dialing with Your Plan Service works differently than emergency dialing over traditional phone service. In some cases, 911 calls dialed from Your RingCentral MVP device cannot be directed to the local emergency response center, and are instead directed to a National Emergency Call Center (the “NECC”). That might happen if there is a problem validating a Registered Address, if the Registered Address is an international location, or if the Registered Address is in an area that is not covered by the landline 911 network. 911 calls that are directed to the NECC may not include Your RingCentral telephone number or Your registered address. Trained operators at the NECC will request Your name, location, and telephone number and attempt to reach emergency responders in Your local area. Until You give the operator Your phone number, and location, he/she may not be able to call You back or dispatch help to Your location if the call is dropped or disconnected.
- (c) Service limitations.
- RingCentral 911 service will not function in the event of an Internet or power outage, if You do not have cellular service (on the RingCentral Mobile Application), or if Your broadband, ISP, or RingCentral MVP service is terminated. The RingCentral Mobile Application cannot send emergency calls over Wi-Fi access. It is possible that network congestion may delay or prevent completion of a 911 call. RingCentral 911 service may not be available if You are dialing from a RingCentral number that is not a Canadian or United States number.
- (d) Registering Your Location.
- You agree to register with RingCentral immediately upon activation of Your Account the address of the physical location where You will use the RingCentral MVP Service, including each IP Desk Phone and each 911-Enabled Softphone. This is Your Registered Address. You agree that You will accurately register each individual line through the Account Admin Portal for the applicable End User. If You or Your End Users move a registered device, You agree to immediately update the Registered Address with the new physical location of the device with RingCentral through the Admin Portal or in Your account settings. You acknowledge that if You do not update the Registered Address, any 911 calls made from the device may be sent to the wrong emergency response center and will not transmit Your current location information to emergency responders, delaying emergency assistance to You. It may take up to several hours for the address update to take effect. Customers with more than one line or extension are solely responsible for ensuring that an accurate and up-to-date Registered Address is maintained for each IP Desk Phone and each 911-Enabled Softphone, and that their End Users are aware of how the Registered Address can be changed.
- (e) Text-to-911 Services.
- In some areas, emergency operators are able to receive text messages sent to 911. In areas where it is available, Your Office Service allows Emergency SMS messages, also known as Text-to-911, only through the RingCentral Mobile Application. Texts to 911 by RingCentral MVP users relying on the RingCentral MVP Mobile Application are automatically directed to the native dialer on the mobile phone, allowing You to send the text through Your wireless service provider, if available. If wireless service is unavailable, the text cannot be sent. Text-to-911 is not available on tablets or other mobile devices without a native phone dialer and a wireless service subscription.
- (f) Notification of Employees, Guests, or Other Users.
- You agree to notify any employees, contractors, guests, or persons who may place calls using the Office Services or may be present at the physical location where the Office Services may be used, of the limitations of RingCentral 911 Service from Your RingCentral MVP IP phone, other equipment or the RingCentral 911-Enabled Softphone. You agree to affix a RingCentral-provided sticker warning that 911 services may be limited or unavailable in a readily visible place on each piece of equipment that might be used to access or use the Office Services. You and Your End Users should always have an alternative means for placing 911 calls and/or sending text messages to 911.“ Softphone ” means an instance of the RingCentral Softphone desktop application.
- You agree to notify any employees, contractors, guests, or persons who may place calls using the Office Services or may be present at the physical location where the Office Services may be used, of the limitations of RingCentral 911 Service from Your RingCentral MVP IP phone, other equipment or the RingCentral 911-Enabled Softphone
- (g) Disclaimer of Liability for Emergency Call Response.
- You acknowledge and agree that Your use, and use by Your employees and/or guests or other third parties, of RingCentral’s 911 Services and Text-to-911 Services are subject to the limitations described herein.
- The availability of certain features, such as transmission of a Registered Address or Your RingCentral telephone number, depends on whether local emergency response centers support those features, and are factors outside of RingCentral’s control. RingCentral relies on third parties to assist us in routing 911 calls and text messages to local emergency response centers and to the NECC. RingCentral does not have control over local emergency response centers, the NECC, emergency responders, or other third parties. RingCentral disclaims all responsibility for the conduct of local emergency response centers, the NECC and all other third parties involved in the provision of emergency response services. Accordingly, to the extent permitted by applicable Law , You hereby release, discharge, and agree to hold harmless RingCentral from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency or 911 call. You agree to indemnify and hold harmless RingCentral, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of:(i) Your provision to RingCentral of incorrect information, including physical addresses, or Your failure to update Your Registered Address; (ii) Your failure to properly notify any person who may place calls using the Office Services of the 911 limitations; or (iii) the absence, failure, or outage of emergency service dialing using the Office Services for any reason; and (iv) the inability of any user of the Office Services to be able to dial 911 or access emergency service personnel for any reason.
2. Use Policies
- (a) High Risk Use
- You acknowledge that the Plan Services are not 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 the Plan Services for any such purpose or activity or in any such environment.
- (b) Acceptable Use
- NEITHER YOU NOR ANY OF YOUR END USERS SHALL USE THE PLAN SERVICES FOR ANY ILLEGAL, FRAUDULENT, IMPROPER, OR ABUSIVE PURPOSE OR IN ANY WAY THAT INTERFERES WITH RINGCENTRAL’S ABILITY TO PROVIDE HIGH QUALITY SERVICES TO OTHER CUSTOMERS, PREVENTS OR RESTRICTS OTHER CUSTOMERS FROM USING THE SERVICES, OR DAMAGES ANY RINGCENTRAL’S OR OTHER CUSTOMERS’ PROPERTY. RingCentral may, at its sole discretion, suspend, terminate, or disconnect access to and use of the Plan Services for violations of this Section 2 (Use Policies) to the extent necessary to provide the Plan Services to you and others, to protect you, the Plan Services and the RingCentral networks.
- Neither You nor any End User may use or allow use of the Plan Services in any of the following ways:
- (i) Illegal or inappropriate behavior. Using the Plan Services in any manner that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
- (ii) Spamming. Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) (‘spamming’), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes without the consent of the recipient.
- (iii) Blasting. Intentionally engaging 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.
- (iv) Harvesting information. Harvesting or otherwise collecting information about others, including email addresses, without their consent or in breach of applicable data protection or privacy laws.
- (v) Auto-dialing. Performing 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, or in an excessive or otherwise abusive manner.
- (vi) Transmitting viruses. Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
- (vii) ID spoofing. Creating a false Caller ID identity (‘ID spoofing’) or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Plan Services.
- (viii) Infringement of rights. Transmitting any material that may infringe, misappropriate, or otherwise violate the Intellectual Property rights, rights of privacy, personality, or publicity or other rights of RingCentral or third parties.
- (ix) Illegal communications. Transmitting any communication that would violate any applicable Law, or using the Plan Services to facilitate any illegal activity.
- (x) Excessive usage. Utilizing the Plan Services in excess of what, in RingCentral’s reasonable discretion, would be expected of normal business use, including, without limitation, allowing more than one user to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single user. Notwithstanding the foregoing, Customer shall be entitled to use the Hot Desking feature if it is enabled for the applicable Digital Line(s).
- (xi) Interfering with another customer’s use of the Plan Services.Using the Plan Services in any way that interferes with, disrupts, prevents or restricts other customers’ and third parties’ use and enjoyment of the services.
- (xii) Network Interference. Interfering with, or disrupting, networks or systems connected to the Plan Services.
- (xiii) Avoiding compliance. Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid compliance with the Agreement or applicable Law.
- (xiv) Granting rights to third parties with respect to the Plan Services. Selling; reselling; distributing; leasing; exporting; importing; or otherwise granting or purporting to grant rights to third parties with respect to the Plan Services, and any software or hardware used in conjunction with the Plan Services or any part thereof without RingCentral's prior written consent.
- (xv) Unauthorized usage. Undertaking, directing, attempting, causing, permitting, or authorizing the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Plan Services or any software and hardware used in conjunction with the Plan Services, or part thereof.
- (xvi) Circumvention of security measures. Defeating, disabling, or circumventing any protection mechanism related to the Plan Services.
- (xvii) Interception. Intercepting, capturing, sniffing, monitoring, modifying, emulating, decrypting, or redirecting any communication or data used by RingCentral for any purpose, including, without limitation, by causing any 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.
- (xviii) Unauthorized repair. Allowing 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 software or hardware used in conjunction with the Plan Services.
- (xix) Unauthorized Access. Gaining access to or using (or attempting to gain access or use) any device, system, network, account, or plan in any unauthorized manner (including without limitation through password mining).
- (xx) Trunking. Engaging in or to allowing trunking or forwarding of Your RingCentral telephone or facsimile number to (an)other number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
- (xxi) Personal Health Information. To transmit, receive, or store personal health information (“PHI”) on a non-temporary basis, or, if You qualify as a “covered entity,” “business associate,” or “subcontractor” under HIPAA or are otherwise subject to HIPAA, to transmit, receive, or store PHI without the RingCentral HIPAA Conduit setting being active and in effect.
- (c) Customer Legal Compliance.
- You represent and warrant that all Use and Usage of the Plan Services, and Your Account(s) will at all times comply with all Laws, including but not limited to the rules, policies and regulations of the Federal Communications Commission (“FCC”), and all Laws relating to Do-Not-Call provisions; unsolicited marketing; faxing; telemarketing; email 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; pornography; trade practices; false advertising; unfair competition; anti-discrimination; harassment; defamation; intellectual property; or securities.
- (d) Unsolicited Advertisements and TCPA Compliance.
- Certain communications practices – including without limitation, the placing of unsolicited calls; the placing of commercial messages; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; and the use of certain automated telephone equipment to place certain calls – is regulated in the United States by the Federal Telephone Consumer Protection Act of 1991 (also known as the “TCPA”) (available at http://www.fcc.gov/document/telephone-consumer-protection-act-1991), the Junk Fax Prevention Act of 2005, and under a number of similar state, municipal or local laws, regulations, codes, ordinances and rules.
- You agree, covenant, 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 Communications made using the Plan Services;
- (ii) All communications, files, information, data, and other content provided for transmission through Your Office Plan, Your Account, or the Plan Services will be provided solely for lawful purposes, and in no event shall any Customer Communication or any content thereof be in violation of the TCPA, Junk Fax Prevention Act, or any other Law; and
- (iii) No unsolicited advertisements, commercial messages, solicitations, marketing or promotional materials, or content will be transmitted or distributed in the form of facsimiles or internet facsimiles through Your Office Plan, Your Account, or the Plan Services.
- (e) Export Restrictions.
- You acknowledge and agree that the software and/or hardware used in conjunction with the Plan Services may be subject to United States and foreign Laws and regulations 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 RingCentral software or hardware 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) the Plan Services and RingCentral software and/or hardware will not be used or accessed from any Embargoed Area.
- (f) Recording Conversations or Calls.
- Certain features of the Plan Services may allow You and End-Users to record voice calls or other Customer Communications. Your use of this call recording feature is governed by Law; the notification and consent requirements relating to the recording of conversations, calls, or other communications may vary from state to state, country to country. By using the RingCentral call recording feature, You are required and agree to maintain compliance with all Laws. You understand and agree that You are solely liable for compliance with such Laws and under no circumstances shall RingCentral be responsible or held liable for such compliance. You understand that breach of such Laws may result in both criminal and civil sanctions against You. You agree to inform all End Users of Your Account that their calls may be recorded and that they are obligated to comply with all Laws relating to their use of the call recording feature.
- 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 Communications in the event that RingCentral suspects non-compliance with this Section 2 (Use Policies).
3. Number Policies
- (a) Number Availability.
- RingCentral may make available telephone and/or facsimile numbers for Your selection and assignment to 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 an Account in the event that it is not available.
- (b) Number Porting Policy
- (i) 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.
- (ii) Number Port-In Request Procedures. In order to request the porting of a telephone or facsimile number into an Account, the Account Administrator for the Account into which You wish the number to be ported must log in to the Admin Portal for such Account and complete all steps and provide all information requested as part of the number port-in request process (which may include without limitation providing an executed Letter of Agency) or as otherwise requested by RingCentral. In addition, if You wish to port into an Account more than 100 numbers from the same third party service provider account, You must contact RingCentral’s Project Porting Department at firstname.lastname@example.org and comply with its instructions.
- (iii) The Number Porting Process. In order to request the porting out to another services provider of a number currently assigned to an 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 an 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 an 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.
- (iv) Unauthorized Port-Outs. You acknowledge and agree that numbers may be ported out from Your Plan Services or an 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 an Account, or (iii) port such numbers back into an Account.
- (v) 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.
- (vi) 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 Plan Services or an 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 Office Plan Amounts that will be incurred in connection with Use of such number are acceptable to You.
4. RingCentral Privacy and Data
- RingCentral respects Customer’s privacy and will only use the personal data provided by Customers to RingCentral in accordance with the Privacy Notice which can be found at http://www.ringcentral.com/legal/privacy-notice.html.
- (a) Passive Conduit Role.
- You acknowledge and agree that: (i) RingCentral’s role with respect to Customer Communications and the content thereof, personal data You or Your End Users transmit, receive, and/or store through the Plan Services or the individuals and third parties, if any, whom You or Your End Users contact through the Plan Services and the content thereof (“Customer Personal Data”), if any, shall be that of a passive conduit; and (ii) any storage of Customer Communications, Customer Personal Data and/or Account Data by or on behalf of RingCentral shall be performed merely as a convenience to You and as a compliment to and incidental to RingCentral’s core data transmission function.
- (b) No Involvement in Content or Destinations of Customer Communications.
- You acknowledge and agree that You are solely responsible for the content of all Customer Communications and Customer Personal Data (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 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 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 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
- (c) 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 stored Customer Communications, Customer Personal Data, or Account Data; (ii) to the extent that You wish to retain any Customer Communications, Customer Personal Data or Account Data or other information relating to Your use of the Plan Services or Your Account(s), You shall ensure that such information is downloaded, saved, and/or backed-up outside of Your Account(s), as necessary or appropriate for Your and/or Your End Users’ purposes; (iii) You shall not rely on Your Plan Services or any Account as a repository for or means by which to retain, store, or back-up Customer Communications, Customer Personal Data or Account Data or any other data, information, or materials; (iv) RingCentral may delete or purge any and all copies and versions of any stored Customer Communications, Customer Personal Data or Account Data or other data at any time, without notice, including without limitation after You delete any such information from an Account or after termination of the Office Agreement or closure of an 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 Communications, Customer Personal Data, or Account Data.
- (d) Access to Data.
- You and Your End Users can obtain any stored Customer Communications, Customer Personal Data and Account Data with Your login credentials in the relevant RingCentral Administrative Portal. You acknowledge and agree that, notwithstanding anything to the contrary in the Office Agreement, RingCentral: (i) shall have no obligation to access, view, listen to, watch, or review any stored Customer Communications, Customer Personal Data or Account 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 stored Customer Communications, Customer Personal Data or Account 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 stored Customer Communications, Customer Personal Data or Account Data in its sole discretion and without notice.
- (e) Record / Information Gathering and Production.
- You acknowledge and agree that the Plan Services do not include the performance of any of the following tasks or work by RingCentral, and in no event shall any RingCentral Party be obligated under the Office Agreement to perform any of the following tasks or work: (i) the investigation, access, correction, alteration, gathering, compilation, review, verification, restoration, or production of any Customer Communications, Customer Personal Data, Account Data or any other records, documents, information, or evidence related to You or Your Plan Services or transmitted, received, or stored through Your Plan Services, or any Account; (ii) the provision of legal or other advice; (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 Office Agreementor pursuant to applicable Law.
- Without limiting the forgoing, except as provided in the Office Agreement or required by Law, RingCentral is not obligated to: (i) determine, prove, or disprove any fact or claim; (ii) pursue or defend against any claim, allegation, action, lawsuit, demand, or proceeding; (iii) substantiate any party’s compliance with any Law or legal process; (iv) respond to or comply with any request or demand; (v) identify any party; or (vi) conduct any surveillance.
- (f) Export of Data.
- You acknowledge and agree that: (i) any stored Customer Communications, stored Customer Personal Data or Account Data or other information or materials that You export will not be under RingCentral’s control and will not be subject to or protected by RingCentral’s security controls; (ii) linking or integrating Your Plan Services or Account(s) to or with any external service, environment, account, or repository (including without limitation Dropbox, Box, Google Drive™, and OneDrive®) constitutes such exportation and RingCentral shall have no responsibility for, and makes no representation or warranty regarding, the security, privacy, or functionality of any such linked or integrated external service, environment, account or repository.
- (a) Passive Conduit Role.
5. RingCentral and HIPAA
- (a) No Storage of Personal Health Information.
- You acknowledge and agree that the Plan Services 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 similar legislation in other jurisdictions, and the regulations promulgated pursuant thereto (such laws and regulations, “HIPAA”; such information, “PHI”) on a non-temporary basis, and You represent and warrant that neither Your Plan Services nor any ancillary product or services that is a part thereof will be used for such purpose. RingCentral specifically MAKES NO representation, warranty, or GUARANTEE that Your Plan SERVICES, the Account(s), or the 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.
- (b) Operation of RingCentral HIPAA Conduit Setting; Consequences of Activation.
- RingCentral offers a “HIPAA Conduit Setting” for its United States based Customers, which was not designed for UK/EU customers. Nevertheless, UK and EU customers may activate this feature, however should You do so, it is Your responsibility to ensure that Your use of the feature complies with applicable UK and EU Laws. RingCentral makes no representations or warranties that its provision of the HIPAA Conduit Setting is compliant with UK or EU Law. You acknowledge that:
- (i) activation of the RingCentral HIPAA Conduit setting may result in automatic and permanent deletion from the applicable Account(s) of Customer Communications that are stored in those Account(s) and that are thirty (30) or more days old;
- (ii) if any Customer Communications that are thirty (30) or more days old are currently stored in the applicable Account(s), they may be permanently deleted from such Account(s), and such deletion may occur as soon as immediately after activation of the RingCentral HIPAA Conduit setting;
- (iii) the deletion functions described above may permanently delete Customer Communications such that they are not retained by RingCentral in any form (including on any back up or disaster recovery system); and
- (iv) the RingCentral HIPAA Conduit setting may disable SMS messaging through applicable Account(s) and the attachment of voicemail and facsimile/internet facsimile messages to message notification emails sent by RingCentral in connection with any such Account(s).
- (c) 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 5 (RingCentral and HIPAA).
6. Account Disputes; RingCentral’s Legal Compliance
- (a) 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 Plan Services, any Account, any numbers assigned to an Account, or any Account Data or other information related to an Account or Your Plan Services (“Account Ownership Disputes”). In the event of any 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 as an interconnected VoIP provider, RingCentral is subject to numerous changing telecommunications and other Laws and may receive Legal Process requesting or ordering the capture and/or production of Account Data or other records, information, or evidence related to Your Plan Services, an Account, Account Data or the use thereof. You agree that notwithstanding anything to the contrary in the Office Agreement, the RingCentral Parties shall be permitted to: (i) perform any act or omission (including without limitation blocking or restricting access or use of the Plan Services within certain foreign jurisdictions or the transmission or receipt of Customer 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 Account Ownership Dispute or in seeking to comply with any Law or any Legal Process.
7. Account Management and Security
- (a) Password Information Security.
- You agree that You are responsible for all Password Information that You or any End User use(s) in conjunction with the Plan Services. You further agree to ensure that all such Password Information: (i) shall be immediately customized if it is default or set by another party; (ii) shall be immediately changed in the event that You or Your End User(s) learn of or suspect that any Account Security Incident has occurred; (iii) shall not be transmitted or stored in any unsecure manner (including without limitation through any auto-storage, caching, “remember,” or auto-fill feature; and, (iv) shall be 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) effective 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 DESK PHONES, WHICH UTILIZE THE SAME CONNECTIVITY – AND ARE SUBJECT TO THE SAME SECURITY RISKS – AS COMPUTERS.
- (c) Update of Security Features.
- You acknowledge that some security features specific to particular Plan Services may require activation or installation of software or firmware updates, or software 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 Accounts, Account Data, Users, or Your organization’s assets and operations and to promptly install all updates to Plan Services, including related software and hardware. Without limiting the foregoing, You acknowledge and agree that RingCentral may, from time to time, push software and/or firmware updates and patches directly to Your device(s) for installation, and You agree not to take any action or fail to take any action which would prevent RingCentral from doing so.
- (d) Account and End User Management.
- (i) Disable international calling for all Digital Lines, extensions or Accounts for which such calling activity is not needed or not authorized;
- (ii) Restrict international calling destinations to those that are needed and authorized;
- (iii) Blocking inbound calls from any caller IDs and area codes from which You do not wish for End Users to receive calls and block inbound calls with no caller ID if appropriate;
- (iv) Disabling attachment of facsimile image and voicemail audio files to message notification emails associated with Your Account(s) and/or individual Digital Lines or extensions for which such functionality is not required and to the extent that such files may include sensitive or confidential content;
- (v) Regularly monitoring, reviewing, and scrutinizing End User calling and other Account activity;
- (vi) Promptly notify RingCentral of any actual or suspected Account Security Incidents and provide all reasonable information and cooperation requested by RingCentral in responding to any Account Security Incident;
- (vii) Implementing, and training all End Users as to general security controls and practices, as necessary to ensure Your compliance with the Agreement (an, in particular, this Section VII (Account Management and Security).
You agree to maintain sole and exclusive control over Your Account(s) at all times and to ensure that all Account rights, permissions, and settings, and all use and Usage, are effectively managed as necessary to prevent any unauthorized access to, use or Usage of, or transactions or activities through or relating to Your Plan Services, including without limitation by implementing the following measures and practices:
- (e) User-Base Training.
- You represent and warrant that You will ensure that all actual or potential End Users are made aware of and trained with respect to the Office Agreement’s terms and conditions, as necessary and appropriate to ensure compliance therewith, before being permitted to access and/or use Your any Account, or the Plan Services, and on an ongoing basis thereafter.
8. 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. You agree to comply with all such applicable laws. RingCentral shall have no obligation to disclose, display, or transmit any such information for or in connection with any Customer 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 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 Plan Services require a properly-configured, high performance, enterprise-grade broadband IP network and connection; (ii) use of the Plan Services with any lesser network, services, or connection may result in partial or complete unavailability, interruption, or underperformance of the Plan Services or other services utilizing the same network, services, or connection; and (iii) 3G, LTE or 4G networks are not recommended for use with the Plan Services. 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 Plan Services to connect to and use such network, services, and connection. RingCentral is not liable for any unavailability, interruption, or under-performance of the Plan Services related to Your IP network or connection.
- IMPORTANT INFORMATION: If You IP network or connection fails, Your Plan Services will also fail. Your Plan Services may cease to function if there is a power cut or failure. These failures may be caused by reasons outside of RingCentral’s control.
- (d) Use of Third Party Devices.
- RingCentral does not guarantee or make any representation or warranty that any IP Desk Phones and/or other equipment related to IP Desk Phones as defined in the Office Agreement which are not purchased through or supplied by RingCentral or its designated third-party vendor will work or be compatible with the Plan Services or support the Plan Services’ full performance or quality of service potential or range of features and functionalities.
9. Service and Promotional Communications and Publications
- (a) Erroneous Product Information.
- In its marketing, advertising, offering, and sale of the Products, RingCentral attempts to describe the Products as accurately as possible. Nevertheless, RingCentral does not warrant that any Product Information is accurate, complete, reliable, current, or error-free. It is possible that Product Information may be inaccurate or out-of-date, such as listing erroneous or out-of-date pricing information or referring to Products that are no longer available. Product Information is provided only for customers’ convenience and is not part of the Office Agreement or any other agreement with RingCentral.
- (b) RingCentral Communications.
- You agree that the RingCentral Parties may send, or have sent, to You, account administrators, contacts, and End Users: (i) communications related in whole or in part to the administration, support, use, Usage, development, or improvement of Your Plan Services (including without limitation communications related to billing, payment, Usage, purchases and other transactions, Customer Communications, upgrades, updates, installations, new products, security issues, support cases, and customer satisfaction) (“Service Communications”); (ii) occasional non-bulk sales-related communications; and (iii) other communications solely or primarily designed to market RingCetnral products or services (“Marketing Communications”). You hereby consent to the RingCentral Parties distribution of Service and Marketing Communications in accordance with this Section 9(a) (RingCentral Communications). In the event that You or any End User provides the RingCentral Parties 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.
- (c) Directory Listing Service.
- RingCentral offers a directory assistance listing service (“Directory Assistance Listing”) associated with Your Account, for which the following additional terms shall apply.
- By subscribing to Directory Assistance Listing, RingCentral will share certain information (Your Registration Information) about Your Account with third-parties as reasonably necessary to provide phone directory assistance (“Listing Information”). This information may include, without limitation, Your company name, address, and phone numbers. This information will be published in, and made publically available through, third-party directory assistance listing services, to be selected by RingCentral or third-party service providers in their sole discretion. You hereby permit and grant RingCentral a worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up license to use and disclose the Listing Information for these purposes. You further acknowledge that by subscribing to Directory Assistance Listing, Your Listing Information may enter the public domain and that RingCentral cannot control third parties’ use of such information obtained through Directory Assistance Listing.
- You may opt out of Directory Assistance Listing at any time. RingCentral may not be able to have your Listing Information removed from some or all third-party directory assistance services that have already received Your information. You agree that RingCentral is under no obligation to have Your Listing Information removed from and third-party directory assistance listing service already in receipt of such information.
- RingCentral bears no responsibility or liability for any cost, damages, liabilities, or inconvenience caused by calls made to Your telephone number; materials sent to You, inaccuracies, errors or omissions with Listing Information; or any other use of such information. For the avoidance of doubt, RingCentral shall not be liable to You for any use by third-parties of Your Listing Information obtained through Directory Assistance Listing, including without limitation the use of such information after You have opted out of Directory Assistance Listing.
10. RingCentral Global Office
- If You have subscribed to RingCentral’s Global Office (“RGO”), this section sets forth additional terms and conditions concerning RGO. For the purposes of this section, the “Home Country” means the United States, where You have purchased general telephony services from RingCentral.
- Additional updates or notices related to Your services in RGO countries are available at http://www.ringcentral.com/legal/policies/global-office-countries.html .
- (a) Emergency Service Limitations.
- RingCentral provides access to emergency calling services in many, but not all, countries in which RGO is available, allowing most RingCentral MVP End Users to access Emergency Services (911 in the United States and Canada, 999/112 in the United Kingdom and throughout the European Union, 999/995/993 in Singapore, and any other applicable Emergency Services number). Your access may differ depending on Your location or the device You are using, and it works differently than You may have experienced using traditional wireline or wireless telephones. Access to emergency calling services in RGO countries, where available, is subject to the limitations set forth in Section 1 (Operation and Limitations of the RingCentral 911 Service) above. It is strongly recommended that You have an alternative means for placing emergency calls available at all times.
- (b) Disclaimer of Liability for Emergency Services in RGO Countries.
- You shall make available and will maintain at all times traditional landline and/or mobile network telephone services that will enable users of Your RingCentral Services to call 911/112/999 and/or any other applicable Emergency Services number. You shall not use the RingCentral Services in environments requiring fail-safe performance or in which the failure of the RingCentral Services could lead directly to death, personal injury, or severe physical or environmental damage.
- ACCORDINGLY, YOU AGREE THAT RINGCENTRAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR- AND AGREE TO FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS RINGCENTRAL FROM AND AGAINST ANY CLAIM BASED ON, RESULTING FROM, OR RELATING TO- ANY ACTS OR OMISSIONS RELATED TO THE HANDLING OF, OR NOT HANDLING OF, OR RESPONSE, OR LACK OF RESPONSE, TO ANY EMERGENCY CALL OR OTHER COMMUNICATION IN CONNECTION WITH THE RGO SERVICE.
- (c) RGO Service Provided in Connection with Home Country Service.
- You represent and warrant that if: (i) You have a presence in the Home Country and will continue to have a presence in the Home Country throughout the term of these TOS; and (ii) that Your purchase of RGO Service is in connection with Your subscription to Plan Services in the Home Country.
- a) RingCentral will provide RGO Service to You only in connection with Your Plan Service in the Home Country. Without limiting any other rights or remedies of RingCentral under the RingCentral Terms of Service or otherwise, RingCentral may immediately terminate Your RGO service if You no longer have any lines or subscribe to any Plan Services in the Home Country.
- b) All billing for the RGO service will be done in the Home Country using the Home Country’s currency. Customer agrees, at all times during the term of these TOS, to provide a billing address located in the Home Country.
- c) RingCentral will provide all documentation, licenses, and services in connection with RGO Service in English; additional language support may be provided at RingCentral’s sole discretion.
11. RingCentral Glip
- The Plan Services include the use of RingCentral Glip (“Glip”), this section sets forth the additional terms and conditions governing the use of Glip. These terms may have different meanings when not applied to Glip.
- (a) Definitions Specific to Glip: for the purposes of this Section 11 (RingCentral Glip) only, the following terms are defined as follows:
- (i) “Customer Data” means any information provided by Customer to RingCentral, or data that is uploaded and/or shared through Glip, including without limitation, conversations, files, schedules, tasks, agent names, phone numbers, text messages, email addresses, skills, and work performance metrics, or any other content provided by Customer. It shall also be defined as the contact history, which is a record of the transactions processed by RingCentral Glip. Items in contact history may include 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, e-mail, or other work items.
- (ii) “Customer Contact Data” includes the names, addresses, phone numbers, email addresses and other information that users shared on Glip.
- (iii) “Customer Content” means any information that is transmitted through, stored in, or processed by Glip that is generated by (a) Customer or (b) a third party interacting with Customer through Glip. Customer Content includes, without limitation, any files a Customer uploads to Glip, notes a Customer posts to Glip, and the contents of any conversations in which Customer engages through Glip.
(b) Customer’s Responsibilities Specific to Glip
- In addition to any of the Customer responsibilities under Section 2 (Use Policies), Customer agrees that any use of Glip shall also be governed by the following:
- (i) Customer is solely responsible for any and all content which is posted, accessed, shared or used through Glip;
- (ii) Customer shall not upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of Glip or any other RingCentral system, or any third-party’s computer, system or network;
- (iii) Customer shall not misrepresent the Customer’s or its End User’s identities to other users of Glip, RingCentral’s Plan Services, or any third party through the Plan Services;
- (iv) Customer shall not use the Glip to send unsolicited commercial e-mail (“UCE”) to any person (UCE includes, without limitation, any e-mail that is sent to a person whom Customer has no prior business relationship or who has not consented to receiving the communication, and any other e-mail communication that violates any Applicable Law prohibiting the transmission of spam);
- (v) Customer shall not use Glip to transmit, receive, store, process, create or maintain PHI;
- (vi) Customer shall not use Glip to infringe the rights of others, including without limitation transmitting, distributing, storing, or processing Customer Content in Glip in violation of a third party’s Intellectual Property Rights;
- (vii) Customer shall not use Glip to interfere with other End Users, agents, services, or equipment of Glip;
- (viii) Customer shall not use Glip to interfere with the integrity or performance of RingCentral’s Plan Services or any third-party data contained in Glip or transmitted through the Plan Services;
- (ix) Customer shall not use Glip to make available any unsolicited or unauthorized advertising, promotional material, or any other form of solicitation, including without limitation in violation of the TCPA, CRTC, EC Directive, or the SCA, CMCA and PDPA, or any other similar law, rule or regulation;
- (x) Customer shall not use Glip to manipulate any identifiers to disguise the origin of any communication transmitted through Glip or the Plan Services;
- (xi) Customer may not use manual or automated devices, software, or other processes to crawl or spider web pages provided by or on behalf of RingCentral, including without limitation those provided in connection with Glip
(c) Proprietary Rights Specific to Glip
- Customer Data. As between RingCentral and Customer, all title and Intellectual Property rights in and to the Customer Data and Customer Content is owned exclusively by Customer. Customer hereby grants a royalty-free, fully paid-up, worldwide, limited, non-assignable, non-sublicenseable right and license to RingCentral and its affiliates and subcontractors to copy, duplicate, transmit, process, and use Customer Data and Customer Content to provide services to Customer in connection with Customer’s subscription to Glip.
- Customer Content. All Customer Content that is posted, accessed, shared or stored through Glip is solely the responsibility of the Customer. RingCentral makes no representation, warranty, assurance, guarantee or inducement of any kind with respect to the Customer Content, including without limitation, any warranty of accuracy or completeness, merchantability or fitness for a particular purpose, or with respect to the non-infringement of trademarks, patents, copyrights, mask protection rights or any other intellectual property rights, or other rights of third persons or entities. RingCentral will use commercially reasonable efforts to ensure the confidentiality of Customer Content. RingCentral shall in no way be liable to Customer in the event third parties have access to Customer’s Customer Content because Customer has provided such access.
- Customer Identity. RingCentral makes no representation, warranty, assurance, guarantee or inducement of any kind with respect to the identity of End Users with whom Customer may interact when using Glip, the authenticity of any profile or other information that End Users may provide about themselves, or any relationships that End Users purport to have.
- Generally. Any Customer Data or Customer Content that is found to be, or that RingCentral suspects is, in violation of these Online Terms may be removed by RingCentral with or without notice to Customer or any End User of Glip.
(d) Theft of Glip Services; Notices to RingCentral
- Customer is responsible for monitoring Customer’s and all End-User’s use of Glip for possible unlawful or fraudulent usage. Customer shall notify RingCentral immediately if Customer becomes aware or has reason to believe that its services through Glip are being stolen or fraudulently used. Customer acknowledges and agrees that Customer’s failure to notify RingCentral may result in the termination of the Plan Services and additional charges to Customer. RingCentral shall not be liable for any damages whatsoever resulting from fraudulent or unauthorized use of Customer’s account. Customer shall be liable for all use of Glip through its subscription, including any and all stolen Plan Services or fraudulent use of Glip.
(e) Data Storage and Management Specific to Glip
- Glip uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. Glip owns all Intellectual Property relating to Glip software application and the Glip services. Customer retains all rights to Customer’s data that Customer provides to RingCentral pursuant to Customer’s use of Glip.
- Customer acknowledges and agrees that its data may be stored in servers located in the United States, Canada, United Kingdom, Switzerland or in any other country, depending on decisions made by RingCentral or its storage providers in their sole discretion. RingCentral shall take reasonable precautions—including, without limitation, technical, administrative and physical measures—to safeguard Customer’s information. RingCentral shall use commercially reasonable technical safeguards such as firewalls and data encryption to secure Customer’s data. Customer acknowledges and agrees that RingCentral may authorize access to personally identifiable information, including without limitation email addresses, for those employees, contractors and agents who need to know that information in order to operate, develop or improve RingCentral’s services.
- RingCentral may destroy all Customer Content thirty (30) days after the deactivation of Customer’s subscription to Glip or the termination or expiration of the Office Agreement.
(f) Collection and Use of Customer Contact Information Through Glip
- RingCentral collects the e-mail addresses of individuals who communicate via Glip, or communicate with RingCentral via e-mail. RingCentral collects information on web pages End Users access or visit, and information volunteered by the End User. This may include, but is not limited to things like consumer survey information and site registrations. Customer Contact Data provided by End Users is available to other users within Glip operating within Customer’s domain, or to external users when invited by someone within Customer’s domain. RingCentral uses Customer Contact Data to enable the Glip Services to function properly, to complete exchanges of information between End User of Glip, to administer Customer’s account, to improve the Plan Services and to detect and prevent fraud. RingCentral may also use Customer Contact Data to contact Customer to provide Customer with information about the Plan Services, including information about security or other technical issues, or to request feedback or input.
- (a) Definitions Specific to Glip: for the purposes of this Section 11 (RingCentral Glip) only, the following terms are defined as follows:
12. Additional Licenses
- The Plan Services may comprise or incorporate services, software or products developed or provided by third parties, including open source software or code. Use of such third party services, software and products shall be governed by the terms and conditions issued by the relevant third party and, in connection with Your use of the Plan Services, you agree to comply with all such third party terms and conditions in full. RingCentral may update the third party services, software and products used in connection with the provision of the Plan Services from time to time in its sole discretion. Without limiting the forgoing You agree to comply with the following third party terms and conditions:
- (i) JSON Framework License
- (ii) KissXML License
- (iii) Global IP Souutions iLBC Public License
- (iv) libSRTP License
- (v) Vovida Software License
- (vi) PortAudio
- The Services may also be license d under certain third party patents, which are available here:
- (i) Licensed Patents
- You agree to indemnify and hold harmless the RingCentral Parties form and and all third-party claims, losses, damages, fines, or penalties arising from Your failure to comply with any applicable third party terms and conditions relevant to the use of third party services, software and products incorporated into the Plan Services.
13. 30-Day Cancellation for New Purchases
Customer may cancel any services purchased under this Agreement with written notice to RingCentral within thirty (30) days of the date in which the purchase becomes effective. In the event of a timely cancelation, Customer shall not owe any fees or charges for the services being canceled in respect of any period subsequent to the date of such written notice (except those arising from continued Usage), and shall be entitled to a pro-rata refund of any prepaid and unused fees for the services subject to the cancelation. All purchases are final after 30 days.
- All capitalized terms used in these Online Terms shall be defined in accordance with the following definitions or as otherwise defined in these Online Terms or, if not defined in these Online Terms, as defined in the Office Agreement.
- A. “911-Enabled Softphone” means a Softphone for which the RingCentral 911 Service is supported as identified in a pop-up notification within the Softphone application.
- B. “Account Data” means Registration Information, Customer Communications (and the content thereof), and the RingCentral-generated logs of Account calling activity stored within that Account.
- C. “Account Security Incident” means any actual or suspected unauthorized activity, erroneous billing, or breach or compromise of any Password Information or the security or privacy Your Plan, an Account, or any Account Data.
- D. “CRTC” means the Canadian Radio-Television and Telecommunications Commission.
- E. “EC Directive” means the United Kingdom’s Privacy and Electronic Communications Regulations (ED Directive) of 2003.
- F. “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.
- G. “End-Point” means an end point through which any End-User might access and/or use any Product, including without limitation all IP Desk Phones and all Softphones, instances of the RingCentral Mobile or Desktop Applications, and all devices or VoIP infrastructure on which any Softphone or such instance is installed or through which the Plan Services may be accessed or used.
- H. “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.
- I. “IP Desk Phone” means a telephony hardware device that uses VoIP to place and transmit telephone calls over an IP network.
- J. “Legal Process” means any court or administrative order, subpoena, civil investigation demand, warrant, or other official request, order, or process.
- K. “Password Information” means any and all passwords, PINs, IVR PIN codes, security questions or answers, and other access-related credentials related to Your Office Plan or an Account.
- L. “PDPA” means Singapore’s Personal Data Protection Act of 2012.
- M. “Product Information” means descriptions, pricing, availability, or other information relating to the marketing, advertising, offering, or sale of the Products.
- N. “SCA” means Singapore’s Spam Control Act, Chapter 311A.
- O. “Softphone” means an instance of the RingCentral Softphone desktop application.
- P. “Voice/Text Feature” means any functionality or feature within any Product or otherwise provided by RingCentral that converts voice content to text content or vice versa.