Terms of Service for RingTree

Last Updated: 7/1/2024

1. Introduction

1.1 Agreement: These Terms of Service ("Terms") constitute a legally binding agreement between Ringtree ("Ringtree" "we," "us," or "our") and you, the user of RingTree services ("User," "you," or "your").

1.2 Acceptance: By accessing or using any of RingTree services, including but not limited to our website, mobile applications, telephony services, and related features (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1.3 Modifications: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. Service Description

2.1 Overview: RingTree, provided by Ringtree, offers virtual phone number services and related telecommunications features for businesses and individuals within the United States and potentially other countries.

2.2 Limitations: Our Services are intended for lawful business and personal communications only. They are not designed or intended for emergency services, and should not be relied upon as your primary means of emergency communication.

2.3 Availability: While we strive to provide uninterrupted service, we do not guarantee that the Services will be available at all times or free from errors or interruptions.

3. Telecommunications Regulations and Compliance

3.1 Regulatory Compliance: Ringtree strives to comply with all applicable telecommunications regulations, including relevant FCC rules in the United States. However, users are responsible for ensuring their use of the Services complies with all local, state, and federal telecommunications laws in their jurisdiction.

3.2 Emergency Services Disclaimer:
a) RingTree Services are not intended to replace traditional phone services for emergency calls.
b) The Services may not provide access to emergency services or emergency services personnel (including 911 in the United States) in the same manner as traditional landline or wireless phones.
c) Users acknowledge that access to emergency services may be limited or unavailable under certain circumstances, including but not limited to power outages, broadband/ISP failure, or network congestion.
d) Users agree to inform all individuals who may use the Services of these limitations.

3.3 Number Porting:
a) RingTree supports number porting both to and from our Services, subject to regulatory requirements and technical feasibility.
b) Users requesting to port a number to RingTree must provide accurate information and comply with all porting requirements.
c) Ringtree reserves the right to refuse or delay number porting requests that do not meet regulatory or technical requirements.
d) Users wishing to port numbers away from RingTree must submit a formal request and may be subject to porting fees as outlined in our pricing documentation.

3.4 Call Recording and Monitoring:
a) RingTree Services may include features that allow for call recording or monitoring.
b) Users are solely responsible for complying with all applicable laws and regulations regarding call recording and monitoring, including obtaining necessary consent from all parties.
c) Users agree to indemnify and hold Ringtree harmless from any claims arising from their use of call recording or monitoring features.

4. User Obligations

4.1 Account Creation:
a) You must provide accurate, current, and complete information when creating your account.
b) You are responsible for maintaining the confidentiality of your account credentials.
c) You agree to notify us immediately of any unauthorized use of your account.

4.2 Prohibited Uses: You agree not to use the Services to:
a) Violate any applicable laws or regulations.
b) Infringe on the intellectual property rights of others.
c) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content.
d) Distribute malware, viruses, or any other malicious code.
e) Interfere with or disrupt the Services or servers or networks connected to the Services.
f) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
g) Engage in any unsolicited advertising, marketing, or other forms of solicitation.
h) Collect or store personal data about other users without their express permission.

4.3 Compliance with Laws: You are solely responsible for ensuring that your use of the Services complies with all applicable local, state, national, and international laws and regulations.

5. Intellectual Property Rights

5.1 Ownership: Ringtree retains all right, title, and interest in and to the RingTree Services, including all related intellectual property rights. This includes, but is not limited to, the RingTree name, logo, service marks, APIs, software, and any other technology or content used to provide the Services.

5.2 License to Users: Subject to these Terms, Ringtree grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes.

5.3 Restrictions: You may not:
a) Copy, modify, distribute, sell, or lease any part of our Services or included software.
b) Reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission.

6. Privacy and Data Protection

6.1 Privacy Policy: Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Data Usage: We collect and use your information as described in our Privacy Policy. By using the Services, you consent to such collection and use of your data.

6.3 Data Security: While we implement reasonable security measures, you acknowledge that no method of transmission over the Internet or method of electronic storage is 100% secure.

7. Payment Terms

7.1 Pricing: Pricing for our Services is as listed on our website or as agreed upon in a separate written agreement.

7.2 Billing:
a) Users will be billed in accordance with the plan they select and any additional usage charges.
b) We bill in advance for our Services on a monthly or annual basis, depending on your chosen plan.
c) You authorize us to charge your provided payment method for all fees incurred.
d) Overage charges may apply for usage beyond plan limits and will be billed at the rates specified in our pricing documentation.

7.3 Taxes: All fees are exclusive of any applicable taxes, which you are responsible for paying.

7.4 Refunds:
a) Ringtree offers refunds on a case-by-case basis and at our sole discretion.
b) No refunds will be provided for partial use of Services or for Services interrupted due to violations of these Terms.

7.5 Disputes:
a) Users must report any billing disputes within 30 days of the charge in question.
b) Ringtree will investigate all reported billing disputes in good faith and make appropriate adjustments where warranted.

8. Term and Termination

8.1 Term: These Terms will remain in full force and effect while you use the Services.

8.2 Termination by User: You may terminate your account at any time by contacting our customer support or through your account settings.

8.3 Termination by Ringtree: We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

8.4 Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimers and Limitations of Liability

9.1 Service Warranty: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Reliability of Services: We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. You acknowledge that technical problems or maintenance may temporarily interrupt the Services.

9.3 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, Ringtree SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
a) YOUR USE OR INABILITY TO USE THE SERVICES;
b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY.

9.4 Liability Cap: IN NO EVENT SHALL Ringtree'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID Ringtree IN THE PAST 12 MONTHS.

9.5 Indemnification: You agree to indemnify and hold harmless Ringtree, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

10. Modifications to Service

10.1 Right to Modify: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) at any time, with or without notice.

10.2 No Liability: You agree that Ringtree shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

11. Governing Law and Dispute Resolution

11.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your State], without regard to its conflict of law provisions.

11.2 Dispute Resolution: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Your City, State], using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules.

11.3 Exceptions: Notwithstanding the foregoing, nothing in these Terms will preclude either party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.

12. International Usage

12.1 Availability: RingTree Services may be available for use in countries outside the United States, subject to local laws and regulations.

12.2 Charges: International calling features may be subject to additional charges as outlined in our pricing documentation.

12.3 Restrictions: Certain features or Services may be restricted or unavailable in some countries due to local regulations or technical limitations.

12.4 Compliance: Users are responsible for ensuring their use of the Services internationally complies with all applicable local laws and regulations.

13. Miscellaneous

13.1 Entire Agreement: These Terms constitute the entire agreement between you and Ringtree regarding the Services and supersede all prior agreements and understandings, whether written or oral.

13.2 Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13.3 No Waiver: The failure of Ringtree to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ringtree.

13.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Ringtree's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Ringtree may freely assign or transfer these Terms without restriction.

Contact Information

If you have any questions about these Terms, please contact us at:

Ringtree
info@ringtree.io

By using the RingTree Services you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.