Terms of Service

IMPORTANT - READ CAREFULLY BEFORE PROCEEDING

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY PRIOR TO CLICKING "I agree". BY USING THE WEBSITE ASSOCIATED WITH THESE TERMS AND CONDITIONS OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU (the "Subscriber") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF VOICESHOT LLC (“VoiceShot”) SERVICES ("Services", "Service"). IF Subscriber IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF THE Subscriber IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, THE Subscriber SHOULD PROMPTLY EXIT FROM THIS WEB SITE. VOICESHOT RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT Subscriber DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.

Index

Emergency 911 and E911
Grant of Rights to use Service
Subscriber Registration
VoiceShot’s Rights
Termination
Limitation of Liability
Warranty Disclaimer
Indemnification
Modification to Services
Modification to Agreement
Rules and Regulations
Compliance with Federal, State, and Local Regulations
Third Party Advertisers
Additional Terms and Conditions for VoiceShot Monthly Recurring Service
Payment for Recurring Services
Cancellation of Recurring Service
Additional Terms and Conditions Applicable to Specific Service Offerings
General

1. EMERGENCY 911 AND E911

SUBSCRIBER ACKNOWLEDGES AND AGREES THAT VOICESHOT DOES NOT PROVIDE ACCESS TO ANY 911 OR SIMILAR EMERGENCY SERVICES. SUBSCRIBER ACKNOWLEGES AND AGREES THAT VOICESHOT SERVICE IS DIFFERENT FROM TRADITIONAL WIRE LINE BASED SERVICES AND THAT SERVICE PROVIDED IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE OR TRADITIONAL TELEPHONE SERVICE.
SUBSCRIBER MAY NOT:
- USE VOICESHOT SERVICE TO CALL 911 (NO 911 CALLING)
- USE VOICESHOT SERVICE TO TEXT TO 911 (NO TEXT SERVICE AVAILABLE TO 911)

2. GRANT OF RIGHTS TO USE SERVICES

Effective upon acceptance of this Agreement, VoiceShot hereby grants to Subscriber a nonexclusive, nontransferable, royalty-free license to access and use the Services, solely for Subscriber's personal or internal business use.
The license granted hereunder does not convey and Subscriber shall have no right to sell use of the Services or make any claim that it does have such right.
Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the Internet and all charges associated with such connection to the Internet and phone service charges.

3. SUBSCRIBER REGISTRATION

Subscriber will provide all data requested by VoiceShot both (a) upon signing up for the Services and (b) at subsequent times as requested by VoiceShot. Subscriber represents and warrants that any and all information so provided will be true, accurate, current and complete.
VoiceShot sends all new Subscribers a welcoming email to verify their email address. Subscribers will occasionally receive information on products, services, special offers, and a newsletter. Any emails containing information on special offers will contain unsubscribe information, and Subscriber may opt-out of all future special offer emails at any time. Notwithstanding anything in the foregoing which could be construed to the contrary, Subscriber’s opting out of special offer emails will not be deemed to prevent VoiceShot’s delivery of emails related to the operation of this website, the provision of the Services, or changes to these Terms and Conditions.
Subscriber acknowledges that VoiceShot may distribute registration data to third parties, but that Subscriber's name, address (home and email) and telephone number will not be so distributed. Notwithstanding any limitation contained in the foregoing, Subscriber acknowledges and agrees that VoiceShot may make available to third parties any and all registration information (1) for the purposes of marketing VoiceShot Services, (2) as may be required by law, (3) for the purpose of operational security or storage, or (4) in the event Subscriber grants VoiceShot the right to provide that information.
Subscriber represents and warrants that Subscriber is at least 18 years in age and that the Subscriber has the legal authority to enter into this agreement.
Subscriber agrees to provide and maintain true, accurate, current and complete registration information, and to revise such information as necessary to comply with such requirement.
Subscriber is solely responsible for all use (whether or not authorized) of VoiceShot Service under Subscribers account and or subaccount.
Subscriber is solely responsible for all use and for all acts of omission of anyone that has access to Subscriber account and or subaccounts.
Subscriber is solely responsible for maintaining the confidentiality of Subscriber's UserName, Password, Mailbox Numbers and Personal Identification Number (PIN).
Subscriber shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that originate from Subscriber's account.
Subscriber shall immediately notify VoiceShot if any unauthorized use of Subscriber's account has occurred or of any other breach of security.
By acceptance of this Agreement, Subscriber acknowledges and agrees that its information shall be treated in accordance with VoiceShot’s Privacy Policy located http://www.voiceshot.com/public/privacy/ which sets forth how VoiceShot can collect, store and use Subscriber data and information as the same may be amended by VoiceShot from time to time.
VoiceShot at its sole discretion and without prior notice retains the right to delete stored Subscriber account data created, initiated and or transmitted using or accessing VoiceShot Services including but not limited to contact lists, audio files, campaigns, voice and text message information and detail. Data storage is not guaranteed by VoiceShot and Subscriber agrees that VoiceShot will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Subscriber data stored in Subscribers account.
Subscriber understands and agrees that Subscriber and, if applicable, Subscriber's company will assume all financial responsibilities for use of the Services (whether or not authorized) originating from Subscriber's account by Subscriber or others.
Subscriber is solely responsible for any and all activity that occurs with respect to Subscribers account (whether or not authorized) including but not limited to initiating inbound and or outbound prerecorded audio/voice/text messages, contact list data, and message content.
Subscriber acknowledges that from time to time VoiceShot may offer beta Services. ("Beta"). Beta services are offered as is, without warranty of any kind and Subscribers access to and use of the Beta service is at Subscribers sole risk. Beta services may contain errors, bugs, and or other defects. VoiceShot at its sole discretion may modify, not provide support, and or discontinue Beta Service anytime, for any reason without prior notice.

4. VOICESHOT'S RIGHTS

VoiceShot shall own and retain all rights, title and interest to the website associated with these Terms and Conditions and any and all aspects of the Services including but not limited to all copyrights, trademarks and all other intellectual property rights associated therewith. Nothing in the grant of rights to Subscriber under this Agreement shall be construed to transfer any ownership interest in such rights to Subscriber.
Subscriber may not, nor allow any third party, to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer all or any portion of the Services.
The copyright notices and other proprietary legends shall not be removed from the Services.
No use of trademarks is granted under this Agreement and Subscriber is prohibited from using VoiceShot trademarks in any capacity unless consented to in writing by VoiceShot in its sole discretion.
Subscriber may not grant any sub-license, leases or other rights in the Services to any third party.
All rights not expressly granted under this Agreement are retained by VoiceShot.

5. TERMINATION

Either party may terminate this Agreement immediately upon notice to the other party for any reason or for no reason.
Without limiting the generality of the foregoing, VoiceShot reserves the right to suspend, deny or terminate Subscriber's Service if VoiceShot, in its sole discretion, believes Subscriber is using or plans to use VoiceShot Services in a manner that is unlawful, abusive, prohibited by these Terms and Conditions or if Subscriber's use or planned use of VoiceShot Services creates or could create a potential adverse impact to VoiceShot's ability to provide the Services to others (a “Misuse”). VoiceShot reserves the right to terminate service to any Subscriber if VoiceShot believes that any Subscriber account information and or registration information including but not limited to name, email address, and or phone number is knowingly false or fraudulent.
Upon termination, Subscriber shall immediately cease to use the Services and VoiceShot shall have no further obligations whatsoever to Subscriber. Any amounts owed by Subscriber for Services rendered by VoiceShot prior to such termination shall continue to be due and payable regardless of such termination. In the event of a termination for Misuse, any amounts already paid by Subscriber to VoiceShot shall immediately become forfeit and the property of VoiceShot, regardless of whether or not the Services to be provided in connection with such initial payment had been provided.
VoiceShot shall not be liable to the Subscriber or any third party for terminating this Agreement.

6. LIMITATION OF LIABILITY

In no event shall VoiceShot be liable to Subscriber or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability whether arising out of Subscriber’s use of the website associated with these terms and conditions, the Services, or otherwise. VoiceShot's liability for damages, regardless of the form of the action, shall not exceed the license fee paid by Subscriber for the Services, if any. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

7. WARRANTY DISCLAIMER

The Services licensed hereunder are licensed "as is" and "as available" and VoiceShot makes no warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any similar warranty whether said warranty arises under provisions of any law of the United States or any state thereof. VoiceShot makes no representations or warranties that the Services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of the Services shall be borne solely by Subscriber.
VoiceShot makes no warranty that the Services will meet Subscriber's requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected.
VoiceShot does not make any warranty pertaining to any goods or Services purchased, obtained, secured or acquired through the Services or any transaction entered into through the Service.
VoiceShot does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. Subscriber acknowledges that any data or information downloaded or otherwise obtained or acquired through the use of the Services are obtained at Subscriber's sole risk and VoiceShot will not be liable or responsible for any damage to Subscriber or Subscriber's property.
Subscriber has not relied and will not rely on any representation or warranty implied or expressed by VoiceShot or any persons associated with VoiceShot other than those expressly set forth as part of these Terms and Conditions.
Subscriber understands that VoiceShot cannot and does not guarantee or warrant that any files available for downloading from the internet or the website associated with these Terms and Conditions will be free of viruses or other destructive code. Subscriber is responsible for implementing sufficient procedures and checkpoints to satisfy Subscriber’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the website associated with these Terms and Conditions for any reconstruction of any lost data. VOICESHOT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT SUBSCRIBER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO SUBSCRIBER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO SUBSCRIBER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

8. INDEMNIFICATION

Subscriber shall indemnify and hold harmless VoiceShot, its directors, officers, employees and agents from and against any actual or threatened claim, loss, liability, preceding, third-party discovery demand, enforcement action or governmental investigation including but not limited to, all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages arising out of or relating to Subscribers use of VoiceShot service (whether or not authorized) from any negligent acts, omissions, conduct or misconduct by Subscriber, Subscriber's use of the Services or any breach of the Terms and Conditions of this Agreement by Subscriber. VoiceShot may cooperate as fully as reasonably required in the defense of any Claim, at Subscribers expense. VoiceShot reserves the right, at Subscribers expense, to retain separate counsel for VoiceShot in connection with any Claim or, if the Subscriber has not responded reasonably to the applicable claim in which Subscriber is a named party and that is otherwise subject to indemnification under this Section 8 ("Indemnification"). Subscriber will pay all costs, reasonable attorneys fees and any settlement amounts or damages awarded against VoiceShot in connection with any Claim. Subscriber will also be liable to VoiceShot for any costs and attorney fees VoiceShot incurs to successfully establish or enforce our right to indemnification under this Section 8 ("Indemnification").

9. MODIFICATION TO SERVICES

During the term of this Agreement, VoiceShot may modify or discontinue/terminate one or more of the Services.
VoiceShot shall not be liable to the Subscriber or any third party for any reason for VoiceShot's modifying or terminating of such Services.
The Subscriber is responsible for creating a back-up copy of any important or critical information that is otherwise to be stored by VoiceShot in connection with the provision of the Services.

10. MODIFICATION TO AGREEMENT

VoiceShot may automatically amend these Terms and Conditions at any time. The revised Terms and Conditions agreement shall be effective to Subscriber immediately upon (i) posting a revised agreement on the VoiceShot website, and/or (ii) sending information regarding the Terms and Conditions amendment to the email address Subscriber provides to VoiceShot. Subscriber is responsible for regularly reviewing the VoiceShot website to obtain timely notice of such amendments. Subscribers will be deemed to have accepted the amended Terms and Conditions if Subscriber continues to use VoiceShot Service(s) after such amended Terms and Conditions have been posted or information regarding such amendment has been sent to Subscriber

11. RULES AND REGULATIONS

VoiceShot may set numerical limits to the amount of transactions a Subscriber may send through the Services. Subscriber agrees to abide by all applicable local, state, federal, national and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account, Subscribers Username and Password, and or Subscribers subaccounts including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:

Use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming.
Create a false identity, caller id, or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
Impersonate any other person or entity or misrepresent Subscriber’s affiliation with any other person or entity.
Use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, or illegal.
Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service.
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
UNLIMITED USE DOES NOT MEAN UNREASONABLE USE. Subscriber may not use VoiceShot services in a manner that may interfere with other VoiceShot Subscriber's use of VoiceShot services or disproportionately impact VoiceShot's resources. If we determine, at our sole discretion, that the Subscriber's use of VoiceShot services is in violation of these Terms and Conditions, or is conducted in any other manner that we deem to be unreasonable or excessive, then we may interrupt or terminate Subscriber's service, decline to renew Subscriber's service, or offer Subscriber a different service plan. Notwithstanding the foregoing, VoiceShot reserves the right to deny service or cancel existing service to anyone for any reason at any time, at VoiceShot's sole discretion.

Further, Subscriber will abide by all rules, regulations, procedures and policies of VoiceShot and any policies of the networks connected to the Services.

12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS

Subscriber shall be fully and solely liable for any prerecorded audio, voice transmissions, and text messages sent through the Service and fully responsible for compliance with applicable law.
Subscriber acknowledges that VoiceShot has absolutely no involvement in the acquisition, or development of Subscribers call list(s) or control over the creation, content of any transmission or the destination such transmission will be sent or in the execution of any audio or text message disseminated by Subscriber, nor will VoiceShot be liable for such content.
Subscriber acknowledges that VoiceShot provides service enabling the Subscriber to facilitate lawful communication with appropriate individuals and that VoiceShot does not provide telemarketing services.
Subscriber shall be fully and solely responsible and liable for initiating any call using a prerecorded audio message and/or text message sent through the Service.
Subscriber is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to Subscriber's use of VoiceShot Service including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and any applicable individual state or local regulations, CAN-SPAM, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state, or local laws that may be applicable to Subscribers use of VoiceShot Service. Subscriber agrees not to violate these, or any other federal, state, or local law and represents and warrants that Subscribers use of VoiceShot will not cause VoiceShot to violate these or other similar laws.
Subscriber shall at all times comply with all applicable laws, statutes, regulations, rules, ordinances, codes, and standards, including but not limited to the Telephone Consumer Protection Act of 1991 and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule at 16 CFR Part 310 and any amendments and any similar laws, CAN-SPAM, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, federal and state laws proscribing unfair or deceptive acts and practices, federal and state telemarketing laws, and laws governing wages, hours, desegregation, employment discrimination, employment of minors, health, safety and personal information and any other similar laws. Subscriber agrees not to violate these, or any other applicable federal, state, or local anti-solicitation laws, and represents and warrants that its use of VoiceShot Service will not cause VoiceShot to violate these or other similar laws.
Subscriber understands that the Federal Trade Commission Telemarketing Sales Rule prohibits the transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions. The Federal Trade Commission Telemarketing Sales Rule provides that calls may be permissible provided calls are placed only to consumers who have provided their prior expressed signed written consent to receive such calls. Use of VoiceShot Service for the delivery or transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions not in compliance with applicable law is strictly prohibited. Notwithstanding the language contained in this paragraph calls initiated and placed by the Subscriber specifically to consumers who have provided the Subscriber with their prior expressed signed written consent to receive such calls as provided by the Federal Trade Commission Telemarketing Sales Rule at 16 CFR Part 310 and any amendments thereof shall not be deemed prohibited. Subscriber understands that compliance with federal, state and local law is solely the responsibility of the Subscriber.
Subscriber understands and agrees that if Subscribers use of VoiceShot Service includes initiating or receiving telephone calls to or from customers or donors then Subscriber shall comply with all applicable federal, state and local laws including but not limited to laws pertaining to telemarketing.
Subscriber agrees that it is the sole responsibility of the Subscriber to abide by any laws defined by the State or Federal Government in which Services will be applicable. Subscriber understands and agrees that VoiceShot will not be held responsible for damages to the Subscriber or any third party incurred due to Subscriber's failure to abide by state and/or federal laws and will seek indemnification from Subscriber for damages it sustains from Subscriber’s breach of this provision as per Section 9. of this document. Please refer to the Telephone Consumer Protection Act of 1991, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act. Subscriber may visit the Federal Communications Commission website at http://www.fcc.gov and the Federal Trade Commission website at http://www.ftc.gov and the National Do Not Call Registry website http://www.donotcall.gov or refer to the appropriate State Attorney General’s office or other applicable offices for rules and/or regulations pertaining to Subscriber’s intended application and use of the Service.
The Federal Communications Commission requires that voice service providers such as VoiceShot cooperate with industry and governmental investigations to identify potential sources of illegal calls, and to otherwise take steps to combat the origination of illegal traffic by customers. Accordingly, Subscriber agrees to promptly cooperate with any such investigation and provide VoiceShot any information we may request regarding your use of VoiceShot’s Services, the legality of your communications, and/or your compliance with this Agreement. Subscriber further acknowledges and agrees that any communications, expressly including the content of your communications, that you send or receive over VoiceShot’s network are not confidential, and are subject to fraud and spam monitoring by VoiceShot, and potentially other service providers in the communications ecosystem. For the avoidance of doubt, by using VoiceShot’s Service, you consent to the foregoing practices and VoiceShot’s right to disclose any relevant information regarding your usage of VoiceShot’s Service to third parties.

13. THIRD PARTY ADVERTISER

Subscribers may enter into transactions with advertisers on the Services.
Such transactions are between Subscriber and advertisers and VoiceShot has no connection with any such transaction.
VoiceShot assumes no liability for any such transactions.

14. ADDITIONAL TERMS AND CONDITIONS FOR VOICESHOT MONTHLY RECURRING SERVICE

Subscriber may not transfer, sell, assign or make any claim that it has the right to do so with regard to any VoiceShot Local or Toll Free Number or Account.

15. PAYMENT FOR RECURRING SERVICES

All charges for recurring VoiceShot Service will be charged to the credit card number Subscriber provided when signing up for VoiceShot recurring Services or the most current credit card number provided by Subscriber for payment of VoiceShot recurring Services.
In the event credit card or other form of payment is denied, VoiceShot may discontinue Service immediately.

16. CANCELLATION OF RECURRING SERVICE

Subscriber's recurring account Service including but not limited to, Developer IVR, Local Number, Toll Free Number, Virtual Phone System, Cloud Phone System, Auto Attendant, Appointment Reminder, Text Messaging and Urgent Alert Service may be canceled by Subscriber from the Subscribers account. Cancellation will be subject to all applicable additional minute or additional text message usage. Applicable charges will apply.

17. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SPECIFIC SERVICE OFFERINGS

VoiceShot offers do-it-yourself pre-paid non refundable outbound phone call and text message notification Service as well as various recurring monthly inbound and outbound Service plans which include a pre-paid, non-refundable monthly fee typically based on a predetermined amount of included phone call minutes and or text messages, a Service fee, and/or charges for additional per minute and or additional per text message fees for additional usage. VoiceShot also offers local and toll free numbers and additional Services including but not limited to enhanced security and storage which is billed on a monthly recurring basis. Detailed descriptions of VoiceShot Services are posted at the VoiceShot website.
The following additional terms and conditions apply specifically to those Services referred to in the heading of the subsection in which they appear, but also to all other Services of the Company to extent applicable thereto. If Subscriber has any questions with respect to the applicability of any given section of these terms and conditions it should direct its inquiry to legal@voiceshot.com.

A. VOICESHOT OUTBOUND

The domestic and international Outbound Rates are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
Calls are billed in 60 second increments.
VoiceShot charges for successfully answered calls. A call shall be deemed successfully delivered when the number called is answered. There is no charge for Outbound phone calls that result in a no answer, busy or disconnected call.
VoiceShot Outbound Service is a non-refundable, non-returnable, non-exchangeable, non-transferrable, prepaid Service. All purchases are final. Unused balances are non-refundable.
Subscriber accounts allow for the storage of a maximum of 10 call lists and a maximum of 15 sound files at no cost. Additional storage is available at a cost.
Free storage is offered at no cost to all active Outbound Subscriber accounts. Active Subscriber accounts are accounts that have (1) used the Outbound Service for successful paid Outbound call initiation within the past 90 calendar days or (2) are subscribers of VoiceShot recurring service. Non-active Subscriber accounts are accounts that have not used the Outbound service for successful paid Outbound call initiation for a period of time that is greater than 90 calendar days and are not subscribers of VoiceShot recurring service Non-active Subscriber accounts will incur a $9.00 per month storage fee. The storage fee for non-active Subscriber accounts will be deducted from Subscriber’s Outbound account balance on a monthly basis. In the event Subscriber’s available Outbound account balance is less than $9.00, VoiceShot will deduct and apply the amount available as full payment towards the following month’s storage fee.
Non-active Subscriber accounts that have not used the Outbound service for successful paid Outbound call initiation for a period of time that is greater than 24 calendar months and are not subscribers of VoiceShot recurring service will be deemed dormant (“Dormant”).
In the event a Subscriber account becomes Dormant, any amounts already paid by Subscriber to VoiceShot shall immediately become forfeit and the property of VoiceShot, and Subscriber shall have no further rights or claims to the same.
Subscriber has the option to select to exclude landlines, or exclude cell phones By selecting to call only cell phones or call only landlines, Subscriber agrees that (1) VoiceShot does not own the data used to determine if a phone number belongs to a landline or a cell phone, (2) this data is only as accurate as the data that exists in the applicable records as input by telecommunication services providers, (3) the Subscriber agrees to release and hold VoiceShot harmless from damages sustained for any reason as a result of use of this feature.
Non-active Subscriber accounts that have no available Outbound account balance will have no storage capabilities and all Subscriber information will be deleted. Subscriber information that will be deleted includes but is not limited to campaigns, call list(s), and sound files.
Subscriber has the option to purchase a Toll Free Automated Opt Out Number. Subscriber understands that TOLL FREE AUTOMATED OPT OUT is offered on (1) a prepaid term basis for a predetermined time period which includes an expiration date after which service is terminated or (2) on a prepaid monthly recurring basis.
Subscriber is strictly prohibited from using VoiceShot Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
All prerecorded voice messages and text to speech messages shall at the beginning of the message, state clearly the legal identity of the business, individual or entity that is responsible for initiating the call and during or after the message the telephone number of the caller.
Subscriber shall be fully and solely liable for any prerecorded audio, voice transmission and fully responsible for compliance with applicable federal, state and local laws including but not limited to federal, state and/or local laws or rules regulating or prohibiting the transmission of prerecorded phone calls.

B. TOLL FREE AUTOMATED OPT OUT

The Toll Free Automated Opt Out Prepaid Term and Prepaid Monthly Rate Plans are posted at the VoiceShot website as may be amended by VoiceShot from time to time.
Calls are billed in 60 second increments.
Subscriber understands that TOLL FREE AUTOMATED OPT OUT is offered on (1) a prepaid term basis for a predetermined time period which includes an expiration date after which service is terminated or (2) on a prepaid monthly recurring basis.
Monthly Recurring charges and applicable Service charges are prepaid on a monthly basis.
Excessive additional minute usage is subject to review by VoiceShot. VoiceShot at its sole discretion reserves the right to offer Subscriber an alternative Service plan that would prevent excessive additional minute usage and reserves the right to place limitations on additional minute usage.
Subscriber is strictly prohibited from using VoiceShot Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.

C. TEXT MESSAGING (formerly GROUP TEXT MESSAGING)

The Text Messaging Monthly Rate Plan is posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
Charges apply to each text message sent and received
A monthly Text Messaging Service fee is applicable.
Monthly recurring charges and applicable Service charges are prepaid on a monthly basis.
VoiceShot Text Messaging Service is a non-refundable, non-returnable, non-exchangeable, non-transferrable, prepaid Service. All purchases are final. Unused balances are non-refundable
Upon cancellation of the Text Messaging monthly rate plan, Subscriber's account will be subject to, but not limited to the terms and conditions applicable to the VoiceShot Outbound Service offering including but not limited to the storage limitations and the terms and conditions applicable to Non-Active and Dormant Subscriber accounts as described in VoiceShot Outbound section 17. A. of these Terms and Conditions.
Subscriber is strictly prohibited from using VoiceShot Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
The transmission of text messages for sales solicitation, advertising and/or marketing purposes is strictly prohibited.
Subscriber shall be fully and solely liable for any prerecorded audio, voice transmission and/or text message transmission and fully responsible for compliance with applicable federal, state and local laws including but not limited to federal, state and/or local laws or rules regulating or prohibiting the transmission of prerecorded phone calls and/or text messages.

D. CLOUD PHONE SYSTEM (formerly VIRTUAL AUTO ATTENDANT, VIRTUAL PHONE SYSTEM and VIRTUAL RECEPTIONIST)

The Virtual Phone System Monthly Rate Plans are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
Calls are billed in 60 second increments
A monthly Service fee is applied for each additional toll free and local number.
Monthly Recurring charges and applicable Service charges are prepaid on a monthly basis.
Additional minute usage is billed the month following the month additional minute usage occurred.
Inbound International toll free calls from Canada are billed as additional minutes at the rate displayed at the VoiceShot website, as may be amended by VoiceShot from time to time.
Excessive additional minute usage is subject to review by VoiceShot. VoiceShot at its sole discretion reserves the right to offer Subscriber an alternative Service plan that would prevent excessive additional minute usage and reserves the right to place limitations on additional minute usage.
Subscriber understands and agrees that in the event additional minute usage exceeds Subscriber's monthly recurring charge by one or both of the following (1) $500; or (2) 100% of Subscriber's monthly recurring charge; VoiceShot, at its sole discretion, may charge Subscribers credit card for all outstanding charges. In the event that the credit card issuer (1) declines any charges; or (2) requests return of payments previously made to VoiceShot, VoiceShot reserves the right to terminate or suspend Service without prior notice.
Inbound calls that result in a Live Call Transfer require a second phone call and are subject to posted rates unless otherwise noted.
Subscriber is strictly prohibited from using VoiceShot Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.

E. TOLL FREE

The Toll Free Monthly Rate Plans are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
Calls are billed in 60 second increments.
A monthly Service fee is applied to each additional toll free or local number.
Monthly Recurring charges and applicable Service charges are prepaid on a monthly basis.
Additional minute usage is billed the month following the month additional minute usage occurred.
Inbound International toll free calls from Canada are billed as additional minutes at the rate displayed at the VoiceShot website.
Excessive additional minute usage is subject to review by VoiceShot. VoiceShot at its sole discretion reserves the right to offer Subscriber an alternative Service plan that would prevent excessive additional minute usage and reserves the right to place limitations on additional minute usage.
Subscriber understands and agrees that in the event additional minute usage exceeds Subscriber's monthly recurring charge by one or both of the following (1) $500; or (2) 100% of Subscriber's monthly recurring charge; VoiceShot, at its sole discretion, may charge Subscribers credit card for all outstanding charges. In the event that the credit card issuer (1) declines any charges; or (2) requests return of payments previously made to VoiceShot, VoiceShot reserves the right to terminate or suspend Service without prior notice.
Inbound calls that result in a Live Call Transfer require a second phone call and are subject to posted rates unless otherwise noted.
Subscriber is strictly prohibited from using VoiceShot Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.

F. VOICESHOT DEVELOPER IVR API

VoiceShot Developer IVR API Monthly Rate Plans are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
Monthly Recurring charges and applicable Service charges are prepaid on a monthly basis.
Outbound call rates to destinations other then the continental US and Canada are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
Outbound IVR API calls to destinations other than the continental US and Canada are not treated as included plan minutes and are billed as additional minutes.
VoiceShot charges for inbound calls and successfully answered outbound calls. There is no charge for outbound phone calls that result in a no answer, busy or disconnected call.
Subscriber has the option to select to exclude landlines, or exclude cell phones., Subscriber agrees that 1) VoiceShot does not own the data used to determine if a phone number belongs to a landline or a cell phone, (2) this data is only as accurate as the data that exists in the applicable records as input by telecommunication services providers, (3) the Subscriber agrees to release and hold VoiceShot harmless from damages sustained for any reason as a result of the use of this feature.
Calls are billed in 60 second increments.
A monthly Service fee is applied to each local and toll free number.
Additional minute usage is billed the month following the month additional minute usage occurred.
Inbound international toll free calls from Canada are billed as additional minutes at the rate displayed at the VoiceShot website, as may be amended by VoiceShot from time to time.
Excessive additional minute usage is subject to review by VoiceShot. VoiceShot at its sole discretion reserves the right to offer Subscriber an alternative Service plan that would prevent excessive additional minute usage and reserves the right to place limitations on additional minute usage.
Subscriber understands and agrees that in the event additional minute usage exceeds Subscriber's monthly recurring charge by one or both of the following (1) $500; or (2) 100% of Subscriber's monthly recurring charge; VoiceShot at its sole discretion may charge Subscribers credit card for all outstanding charges. In the event that the credit card issuer (1) declines any charges; or (2) requests return of payments previously made to VoiceShot, VoiceShot reserves the right to terminate or suspend Service without prior notice.
Inbound and Outbound phone calls that result in a Live Call Transfer require a second phone call and are subject to posted rates unless otherwise noted.
All prerecorded voice messages and text to speech messages shall at the beginning of the message, state clearly the legal identity of the business, individual or entity that is responsible for initiating the call and during or after the message the telephone number of the caller.
Upon cancellation of the Developer IVR API monthly rate plan, Subscriber's account will be subject to, but not limited to the terms and conditions applicable to the VoiceShot Outbound Service offering including but not limited to the storage limitations and the terms and conditions applicable to Non-Active and Dormant Subscriber accounts as described in VoiceShot Outbound section 17. A. of these Terms and Conditions.
Subscriber is strictly prohibited from using VoiceShot Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
Subscriber shall be fully and solely liable for any prerecorded audio, voice transmission and fully responsible for compliance with applicable federal, state and local laws including but not limited to federal, state and/or local laws or rules regulating or prohibiting the transmission of prerecorded phone calls.

G. VOICESHOT DEVELOPER IVR API TEXT PLAN

Developer IVR API Text Monthly Rate Plans are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
A monthly Service fee is applied to each text message rate plan
Charges apply to each text message sent and received
Monthly Recurring charges and applicable Service charges are prepaid on a monthly basis. Additional text message usage is billed the month following the month additional message usage occurred.
Subscriber understands and agrees that in the event additional text message usage exceeds Subscriber's monthly recurring charge by one or both of the following (1) $500; or (2) 100% of Subscriber's monthly recurring charge; VoiceShot at its sole discretion may charge Subscribers credit card for all outstanding charges. In the event that the credit card issuer (1) declines any charges; or (2) requests return of payments previously made to VoiceShot, VoiceShot reserves the right to terminate or suspend Service without prior notice.
Subscriber is strictly prohibited from using VoiceShot Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
The transmission of text messages for sales solicitation, advertising and/or marketing purposes is strictly prohibited.
Subscriber shall be fully and solely liable for any text message transmission and fully responsible for compliance with applicable federal, state and local laws including but not limited to federal, state and/or local laws or rules regulating or prohibiting the transmission of text messages.

H. URGENT ALERT

The Urgent Alert Monthly Rate Plans are based on the Subscribers recipient list size and are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
The domestic and international Outbound Call Rates are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
Outbound calls are billed in 60 second increments.
VoiceShot charges for successfully answered calls. There is no charge for outbound phone calls that result in a busy, no answer, or disconnected call.
Urgent Alert Outbound Call Service is a non-refundable, non-returnable, non-exchangeable, non-transferrable, prepaid Service. All purchases are final. Unused balances are non-refundable.
Urgent Alert Text Messaging rates are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
A monthly Text Messaging Service fee is applicable.
Charges apply to each text messages sent and received.
Urgent Alert Text Messaging Service is a non-refundable, non-returnable, non-exchangeable, non-transferrable, prepaid Service. All purchases are final. Unused balances are non-refundable
Upon cancellation of the Urgent Alert monthly rate plan, Subscriber's account will be subject to, but not limited to the terms and conditions applicable to the VoiceShot Outbound Service offering including but not limited to the storage limitations, and the terms and conditions applicable to Non-Active and Dormant Subscriber accounts as described in VoiceShot Outbound section 17. A. of these Terms and Conditions.
Subscriber has the option to select to exclude landlines. or exclude cell phones. Subscriber agrees that 1) VoiceShot does not own the data used to determine if a phone number belongs to a landline or a cell phone, (2) this data is only as accurate as the data that exists in the applicable records as input by telecommunication services providers, (3) the Subscriber agrees to release and hold VoiceShot harmless from any damages sustained for any reason as a result of use of this feature.
Subscriber is strictly prohibited from using VoiceShot Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
The transmission of text messages for sales solicitation, advertising and/or marketing purposes is strictly prohibited.
All prerecorded voice messages and text to speech messages shall at the beginning of the message, state clearly the legal identity of the business, individual or entity that is responsible for initiating the call and during or after the massage the telephone number of the caller.
Subscriber shall be fully and solely liable for any prerecorded audio, voice transmission and/or text message transmission and fully responsible for compliance with applicable federal, state and local laws including but not limited to federal, state and/or local laws or rules regulating or prohibiting the transmission of prerecorded phone calls and/or text messages.

I. APPOINTMENT REMINDER SERVICE

The Appointment Reminder Monthly Rate Plans are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
Calls are billed in 60 second increments
Monthly Recurring charges and applicable Service charges are prepaid on a monthly basis.
Additional minute usage is billed the month following the month additional minute usage occurred.
Outbound call rates to destinations other then the continental US and Canada are posted at the VoiceShot website, as may be amended by VoiceShot from time to time.
Outbound calls to destinations other than the continental US and Canada are not treated as included plan minutes and are billed as additional minutes.
Excessive additional minute usage is subject to review by VoiceShot. VoiceShot at its sole discretion reserves the right to offer Subscriber an alternative Service plan that would prevent excessive additional minute usage and reserves the right to place limitations on additional minute usage.
Subscriber understands and agrees that in the event additional minute usage exceeds Subscriber's monthly recurring charge by one or both of the following (1) $500; or (2) 100% of Subscriber's monthly recurring charge; VoiceShot, at its sole discretion, may charge Subscribers credit card for all outstanding charges. In the event that the credit card issuer (1) declines any charges; or (2) requests return of payments previously made to VoiceShot, VoiceShot reserves the right to terminate or suspend Service without prior notice.
Inbound calls that result in a Live Call Transfer require a second phone call and are subject to posted rates unless otherwise noted.
Text Messaging rates are posted at the VoiceShot website, as may be amended by VoiceShot from time to time. A monthly service fee applies to each text message appointment reminder Service plan unless otherwise noted.
Charges apply to each text messages sent and received.
Text Messaging Service is a non-refundable, non-returnable, non-exchangeable, non-transferrable, prepaid Service. All purchases are final. Unused balances are non-refundable. Unused balances do not expire.
Upon cancellation of the Appointment Reminder monthly rate plan, Subscriber's account will be subject to, but not limited to the terms and conditions applicable to the VoiceShot Outbound Service offering including but not limited to the storage limitations and the terms and conditions applicable to Non-Active and Dormant Subscriber accounts as described in VoiceShot Outbound section 17. A. of these Terms and Conditions.
Subscriber has the option to select to exclude landlines, or exclude cell phones. Subscriber agrees that (1) VoiceShot does not own the data used to determine if a phone number belongs to a landline or a cell phone, (2) this data is only as accurate as the data that exists in the applicable records as input by telecommunication service providers, (3) the Subscriber agrees to release and hold VoiceShot harmless from any damages sustained for any reason as a result of use of the feature.
Subscriber is strictly prohibited from using VoiceShot Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
The transmission of text messages for sales solicitation, advertising and/or marketing purposes is strictly prohibited.
All prerecorded voice messages and text to speech messages shall at the beginning of the message, state clearly the legal identity of the business, individual or entity that is responsible for initiating the call and during or after the message the telephone number of the caller.
Subscriber shall be fully and solely liable for any prerecorded audio, voice transmission and/or text message transmission and fully responsible for compliance with applicable federal, state and local laws including but not limited to federal, state and/or local laws or rules regulating or prohibiting the transmission of prerecorded phone calls and/or text messages.

18. GENERAL

This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties.
All notices under this Agreement shall be in writing and delivered by email.
This Agreement shall be construed in accordance with the laws of the State of Michigan without regard to its conflict of law’s provisions. VoiceShot and the individual Subscriber and, if applicable, the Subscriber's company will submit to the jurisdiction of the State and Federal courts of Michigan, and acknowledge and agree that they shall not be permitted to bring an action arising out of these Terms and Conditions in any other jurisdiction.
Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause VoiceShot irreparable harm and VoiceShot may obtain injunctive relief as well as seek all other remedies available to VoiceShot in law and in equity.
Subscriber shall not assign its rights under this Agreement. This Agreement shall be binding on and inure to the benefit of the parties, their successors, and permitted assigns and legal representatives.
Any dispute resolution proceedings, whether in arbitration or in court, will be conducted only on an individual basis and not in a class action or representative action or as a member in a class representing a consolidated or representative action. Subscriber will not be a class representative, class member or otherwise participate in a class, consolidated or representative proceeding.
The failure of VoiceShot to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it any way affect the validity of this Agreement. Further, no waiver of by VoiceShot of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Any provisions of this Agreement which by their terms extend rights and obligations past the termination date of this Agreement shall so survive such termination for any reason, including but not limited to those rights and obligations set forth in Sections 6, 7, and 9 of these Terms and Conditions.

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