PhoneWagon Inc. (hereinafter “PhoneWagon”, “we” or “us”) is the owner and operator of PhoneWagon.com, upon which it runs a service called PhoneWagon. PhoneWagon services consist of one or more of the following: web-based interface phone and SMS communication services for measuring marketing campaigns, improving customer service, and improving sales performance. Our application offers call tracking, SMS communication, call routing, call recording, call classification, call transcriptions, specific information about the caller, advertising channel information for incoming phone calls, as well as software maintenance and upgrades and customer support, that enable you to track the performance of your advertising campaigns (“Products” and “Services”).
We collect information on the callers that call you through the phone numbers that you have purchased through PhoneWagon (or numbers you have requested be ported into PhoneWagon from another provider). This information includes the caller’s phone number, the name displayed on the Caller ID (when available), audio recordings, call records, transcriptions, SMS records, SMS message content, form submission content, website visitor activity, and other data that may be correlated through your company’s data sources (for example, CRM data, when such permission is granted), personal data sources (social contacts, email inboxes, etc, when such permission is granted), and third party data services (collectively, “Service Data”). You agree that we and the service providers that we utilize to assist in providing the Service to you shall have the right to access your account and to use, modify, reproduce, distribute, display and disclose Service Data to the extent necessary to develop, enhance, and provide the Service, including, without limitation, in response to your support requests.
By selecting a paid service, you agree to pay PhoneWagon the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. You agree to allow PhoneWagon, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Products and Services as they become due plus all related taxes, and to reimburse us, our payment affiliates and any service providers for all collection costs and interest for any overdue amounts. Service fees are refundable only within the first 30 days of service. Overage fees, including additional phone numbers and minutes not included in the chosen plan, are not refundable under any circumstances.
PhoneWagon makes available technology that offers our clients the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, PhoneWagon will, at your discretion, create a digital audio recording of the telephone call. The laws regarding the notice and notification requirements of such recorded conversations vary by jurisdiction. You are responsible for applying the local laws in the relevant jurisdiction when using this feature. PhoneWagon provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded. If you choose to record telephone calls, you expressly agree and acknowledge that:
– you authorize PhoneWagon to make incoming call recordings on your behalf.
– you either:
– authorize PhoneWagon to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call; OR
– make the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of an call in accordance with the law;
– you must notify your employee, contractor, officer, agent, authorized representative or other third party that their telephone conversation with a caller is being recorded by PhoneWagon; and
– PhoneWagon shall have no liability whatsoever in respect of any use made by you, your employee, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.
PhoneWagon provides optional voicemail services, which may include premium transcription services. In order to provide transcription services, PhoneWagon may leverage third-party transcription providers. If you wish to opt-out of voicemail transcription services, please contact our support team.
PhoneWagon makes available technology that offers our clients the ability to transcribe the conversation on incoming telephone calls and voicemail messages (if customer requests). When a calling party initiates a call to a tracking phone number, PhoneWagon will, at your discretion, create a digital audio recording of the telephone call, transcribe the call (potentially using a third-party provider) and display the transcription to the customer.
PhoneWagon offers plans that will have an unlimited number of minutes for your use every month. Although there is no limit to the number of minutes on your PhoneWagon account, a threshold of two hundred fifty (250) minutes per number every month and five (5) concurrent calls will be considered normal business use. This means that an unlimited plan with 20 numbers will be subject to five thousand (5,000) minutes per month as fair usage. In the event that you exceed this threshold, PhoneWagon in its sole discretion, may assess an additional usage charge of 0.035 ¢/minute or the current overage rate for every minute in excess of the threshold. Where possible, PhoneWagon will provide a notice of your usage in excess of the normal business use.
This Acceptable Use Policy describes actions thatPhoneWagon prohibits when you use the Services. By using PhoneWagon’s Services, you consent to this Acceptable Use policy. If you do not agree to comply with this policy, please do not use the Services. We may in our sole discretion determine whether you are in violation of this Acceptable Use Policy. Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited. You accept that the Services are provided for professional use only, and you agree that your use of the Site or Services shall not include any of the following which shall be collective defined as (“Misuse”). This is not an exhaustive list:
1. Launching (or facilitating) a Denial of Service attack on our services or any third parties;
2. Attempting to break or bypass any security mechanism in our Services;
3. Testing or reverse-engineering our services in order to find limitations, vulnerabilities or evade filtering capabilities;
4. Using our Services to manipulate phone-based verification systems (e.g. Craigslist);
5. Using our Services to facilitate remote computer repair or “virus removal” services;
6. Using our Services in any manner that may subject PhoneWagon or any third party to liability, damages, and violations of law or danger;
7. Engaging in fraud, either with PhoneWagon or with any third party;
8. Promoting or engaging in illegal activities;
9. Using our Services in a manner not authorized by PhoneWagon or in violation of law;
10. Sending unsolicited marketing messages or broadcasts (i.e. spam);
11. Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
12. Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
13. Harvesting, or otherwise collecting information about others, without their consent;
14. Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
15. Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
16. Interfering with another’s use and enjoyment of the Services or PhoneWagon’s Sites; or
17. Engaging in any other activity that PhoneWagon believes could subject it to criminal liability or civil penalty/judgment.
PhoneWagon expressly disclaims any liability for your Misuse of the Services. Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your account, as well as civil and/or criminal liability. We reserve the right to change the Acceptable Use Policy from time to time without notice by posting changes to our Site.
We hereby grant you a limited, non-exclusive and revocable license to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PhoneWagon. This license does not include any resale or commercial use of this Site or the Content; any collection and use of any pages; any derivative use of this Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PhoneWagon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PhoneWagon without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of PhoneWagon or any third party’s name(s) or service marks without the express written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Site and any Content, features and services offered on this Site, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by PhoneWagon.
Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of PhoneWagon, its users or its third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of PhoneWagon and is protected by U.S. and international copyright laws.
You may download information from this Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of PhoneWagon or any applicable third party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by PhoneWagon. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. PhoneWagon does not warrant or represent that your use of Content or any other materials displayed on this Site will not infringe rights of third parties. If you believe that any Content on this Site violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at PhoneWagon Inc., 1407 Broadway 24th Floor New York, NY 10018 or 410-726-3087 with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
PhoneWagon, PhoneWagon.com, and all other trademarks, service marks, graphics and logos used in connection with PhoneWagon.com, or the Site are trademarks or registered trademarks of PhoneWagon or PhoneWagon’s licensors. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of PhoneWagon. All other trademarks, service marks, trade dress, names of Products and Services, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of their owners.
With the exception of any personal information you submit (which shall be maintained in accordance with our Privacy Statement and Notice of Privacy Practices), any information you transmit to us via this Site, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of PhoneWagon. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. PhoneWagon shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to use via this Site or by any other means for any purpose whatsoever. When you submit any material or information protected by intellectual property rights (e.g., photos, videos, articles, etc.) to the Site, you represent, warrant and covenant to PhoneWagon that you have the necessary rights to copy and display such information. Furthermore, you covenant and specifically grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the Site. This license ends when you delete such content or your account unless your content has been shared with others and they have not deleted it.
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by us to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, you agree you will not:
(a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
(b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any PhoneWagon representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
(h) Violate any applicable local, state, national or international law;
(i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
(j) Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it;
(k) Manipulate or otherwise display the Site by using framing, creating deep-links to the Site by by-passing the Site’s home page, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage, www.phonewagon.com, in accordance with the Limited License and Site Access outlined above;
(l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems;
(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so;
(n) Harvest or otherwise collect information about others, including e-mail addresses;
(o) Use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site; or
(p) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
(q) Use the Site’s communication features for multiple people to conduct group discussions (e.g., chatlines or chat rooms);
PhoneWagon reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. PhoneWagon may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement and Notice of Privacy Practices, PhoneWagon reserves the right at all times to disclose any information as PhoneWagon deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
To the extent that any of the Content included in the Site is provided by users or third party content providers, PhoneWagon has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Site are those of such users or third party suppliers. PhoneWagon does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with PhoneWagon.
In addition to this Agreement, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of available features, Content, or the purchase of Products and Services from PhoneWagon, its subsidiaries or its affiliates. If applicable, these Other Terms will be set forth (i) where you are permitted to access such available features and Content, or purchase Products and Services or (ii) in a link adjacent to where you are permitted to access such available features, Content, or purchase Products and Services. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement conflicts with the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
PhoneWagon reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Site, (iii) to remove any animated work or any other Content from the Site, and (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Site or any subscription to the Site, in whole or in part, including, but not limited to, as PhoneWagon deems necessary for purposes of maintenance, upgrades and the like, to maintain the Site or to comply with applicable law. PhoneWagon shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Site or subscriptions to the Site and shall have no obligation to refund any fees paid pursuant to this Agreement.
Our Privacy Statement and Notice of Privacy Practices describe PhoneWagon’s information practices and procedures for personal information we collect at this Site. We strongly urge you to read our Privacy Statement and Notice of Privacy Practices, which is accessible through the home page of the Site.
Content and other information contained on this Site has been prepared by PhoneWagon as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. PhoneWagon has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Site or any other Site maintained by PhoneWagon. Users relying on Content or other information from this Site do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to purchases of Products and Services, but are provided solely for general informational purposes. Should you purchase any product or service from PhoneWagon or purchase products or services from a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of this Site does not affect that purchase in any manner.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND PHONEWAGON EXPRESSLY disclaims all warranties and conditions with respect to the SITE, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, quiet enjoyment and accuracy. PHONEWAGON MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
In addition to the above warranty disclaimers, in no event will (A) PhoneWagon BE LIABLE FOR ANY CONSEQUENTIAL, Exemplary, special, OR incidental damages, including any damages for LOST PROFITS, arising from or relating to your use or the inability to use the SitE or content, OR YOUR USE OF THE PRODUCTS OR Services, EVEN IF PhoneWagon knew or should have known of the POSSIBILITY of such DAMAGES, and (B) PhoneWagon total cumulative liability arising from or related to the Site OR YOUR USE OF THE PRODUCTS OR SERVICES, whether in contract or tort or otherwise, exceed the GREATER OF one hundred dollars ($100.00) or purchase price or fees paid by you to PhoneWagon, its subsidiaries or its affiliates IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
You represent and warrant that your use of the Site and the Services will be in accordance with the PhoneWagon Privacy Statement and Notice of Privacy Practices, with these Terms and Conditions, with any other applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding the Services, online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside, and with any other applicable policy or terms and conditions. You further represent and warrant that your collection and use of your customer’s personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, state, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of your customer’s personally identifiable information or technical data; including but not limited to the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”); and the Telephone Consumer Protection Act (“TCPA”) Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Canadian Anti-Spam Law commonly referred to as (“CASL”)(collectively “Privacy Laws and Regulations”). Failure to comply with Privacy Laws and Regulations may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability.
Neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
If you have been given the option to open an account on this Site that will provide you with access to password protected portions of the Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, which includes: (i) your name, (ii) your business name and mailing address (iii) primary administrator information for the account, and (v) billing and related information, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify PhoneWagon of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. PhoneWagon will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PhoneWagon or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
You agree that PhoneWagon may reference you and your company as a client of PhoneWagon’s products and services in PhoneWagon’s advertising and marketing.