August 31, 2021
CallTrackingMetrics provides its services subject to the terms and conditions contained in these Terms of Service (the “Terms”). To become eligible to use CallTrackingMetrics services, you must review and accept the Terms by clicking the “I accept” check box when you create your account or other mechanisms provided (such as in a contract).
Please review the Terms carefully. Once accepted, these Terms become a binding legal commitment (“Agreement”). If you have any questions, you can reach CallTrackingMetrics at https://calltrackingmetrics.com/contact-us
These Terms apply to use of CallTrackingMetrics on calltrackingmetrics.com, calltrackingapp.com, or other re-branded/white labeled versions of the CallTrackingMetrics software. Use and access to these sites, the services provided, call tracking technology, text message, and reporting software described below are subject to these Terms.
Please review our Privacy Notices (https://calltrackingmetrics.com/legal/privacy), which also govern your visit to our website, to understand our practices.
“Customer”: The individual accepting the Terms or the entity such individual represents. If you are accepting these Terms for a company or agency, you hereby warrant that you (1) have the legal right and authority to enter into these Terms for the company as named in the Account, (2) acknowledge that you are accepting these Terms on behalf of a company or other entity (3) you are binding the company or other entity to the Terms and (4) if you becomes no longer affiliated with the company or entity in which you entered the Terms under, then the account and associated content and data is maintained as the property of the company or entity, and the authorized officers of that organization.
“Account”: An Account is created at www.calltrackingmetrics.com. Customer completes sign up questions and provides payment information to create an Account.
“Available Balance”: The money the Customer has added to the Account to fund usage in the Account.
“CCPA”: The California Consumer Privacy Act of 2018 (as amended) (see Cal. Civ. Code § 1798.100 – § 1798.199 et seq).
“Customer Data”: Customer Data consists of information made available to us through your use of our Services under these Terms, which includes information such as your name, contact information, billing records, call or messaging logs, and traffic routing information, as well as the content of communications sent through or integrated with our Services, such as audio recordings, message bodies, and call recording transcriptions, and for the avoidance of doubt includes all Customer Personal Data.
“Customer Personal Data”: means any personal data contained in the Customer Data (where “personal data” has the meaning given to it by the Data Protection Laws).
“Data Protection Laws”: means applicable legislation protecting the personal data of natural persons and the privacy of electronic communications, including in particular Regulation (EU) 2016/679 (“GDPR”) and any national legislation with supplements the GDPR, together with national legislation implementing Directive 2002/58/EC (and any legislation which replaces Directive 2002/58/EC), but excluding the CCPA.
“Services”: CallTrackingMetrics Services consist of one or more of the following: a web-based interface, website number insertion, information about the caller, call forwarding, browser phone, advertising channel information for incoming phone calls, text messaging applications, call and text data access, call and text data storage as well as software maintenance and upgrades and customer support.
“Service Address”: Sales taxes for CallTrackingMetrics’s products are dependent on where the Customer consumes our services, which is determined by the Customers Service Address. In most cases, this is the same as the Customer’s billing address.
“Standard Contractual Clauses”: means the Standard Contractual Clauses (processors) for the purposes of Article 26(2) of Directive 95/46/EC set out in Decision 2010/87/EC as the same are revised or updated from time to time by the European Commission.
“User”: Any user of CallTrackingMetrics Services made available by Customer that interacts with our Services.
“Documentation”: Any usage guides and policies for the Services contained in such documentation (“Documentation”),
3. Changes to These Terms
We may update these Terms from time to time. We will endeavor to provide you with prior written notice of any material updates at least thirty (30) days in advance of the effective date; provided, however, we may not be able to provide at least thirty (30) days prior written notice of updates to these Terms that result from changes in law, regulation, or requirements from telecommunications providers.
Notice will be given in accordance with Section 16.5 (Notices). This notice will highlight the intended updates and the effective date. The updated version of these Terms will supersede all prior versions.
Following such notice, your continued use of the Services on or after the effective date of the updated version of these Terms constitutes your acceptance of such updated Terms. If you do not agree to the updated version of these Terms, you must stop using the Services immediately.
4. Account Creation and Information
4.1 Account Creation: To use the Services, you will be asked to create an Account. As part of the account creation process, you’ll be asked to provide your email address, create a password, and verify that you are a human being by providing a telephone number to which we will send you a verification code to enter into an online form. Until we authorize an Account, your access to the Services will be limited. When creating an Account, you must provide true, accurate, current, and complete information about yourself as requested during the account creation process. You must keep that information true, accurate, current, and complete after you create each Account.
4.2 Account Authorization: As part of our ongoing and routine monitoring of Account activity and to help us reduce the risk of fraudulent use of your Account and the Services, you will initially be limited in the number of transmissions you can send while we are activating your Account. When necessary, we will reach out to the Customer to request additional information needed to fully authorize an Account.
4.3 Restriction: If you breach these Terms, including, without limitation, your payment obligations in Section 8 (Fees and Payment Terms), you are strictly prohibited from creating new accounts until you remedy such breach in full.
5. Provision of Services
5.1 Our Responsibilities. We will make the Services available to you in accordance with these Terms, our documentation, including any usage guides and policies for the Services contained in such documentation (“Documentation”), and any applicable ordering document between the parties that specifies mutually agreed upon rates for certain Services and other commercial terms, including any applicable minimum spend commitments (“Order Form”). We will provide the Services in accordance with laws applicable to our provision of the Services to our customers generally (i.e. without regard for your particular use of the Services), subject to your use of the Services in accordance with these Terms, the applicable Documentation, and any applicable Order Form(s). We will, if applicable, use trained, qualified personnel to provide the Services; and use commercially reasonable efforts to provide you with applicable support for the Services as described in Section 11.
5.2 Availability: Services described on the CallTrackingMetrics websites may or may not be available in all countries or regions of the world and may be available under different trademarks in different countries. Customer agrees to use the CallTrackingMetrics Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
5.3 Modification: CallTrackingMetrics may at any time change or modify the features and functions of the Services may change over time provided, however, we will not materially decrease the overall functionality of the Services. CallTrackingMetrics will use reasonable efforts to provide reasonable advance notice to Customer prior to implementation of a material change in Service and to provide information required for Customer to continue to use the Services.
5.4 Phone Numbers: CallTrackingMetrics will use commercially reasonable efforts to obtain the telephone number(s) requested and use commercially reasonable efforts to initiate and complete port requests. Customer acknowledges that CallTrackingMetrics may need to change the telephone number assigned to the Customer (due to an area code reassignment or split, or for any other reason). Customer acknowledges that if the Service is suspended or terminated due to non-payment or breach of these Terms, Customer may not be able to obtain the same local or toll free numbers should the Service be reactivated.
5.5 Porting: We allow Customers to port away phone numbers. It is the Customer’s responsibility to confirm the completion of a port away request with the winning carrier and release the tracking numbers from their Account.
5.5.1 Any attempts to use CallTrackingMetrics merely a source of number storage or accumulation without use of the numbers on our system is not permitted and is grounds for Termination (see 9.6 Material Breach) at CallTrackingMetrics sole discretion.
5.6 Activation: Phone numbers may not be immediately active from the time of purchase if the numbers require additional validation to be activated such as a local billing address or other identity verification depending on the country of origin.
5.7 Suspension of Services: We may suspend the Services immediately and in our sole discretion upon notice to you for cause if:
(a) you or a User has Materially Breached (or we, in good faith, believe that you or a User has Materially Breached) any provision of these Terms
(b) there is an unusual and material spike or increase in your use of the Services and we believe that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Services;
(c) we determine that our provision of the Services is prohibited by applicable law or regulation;
(d) there is any use of the Services by you or a User that in our sole judgment threatens the security, integrity, or availability of the Services; or
(e) information in your Account is untrue, inaccurate, or incomplete.
You remain responsible for the Fees (as defined below).
If we suspend the Services pursuant to this Section 5, Section 6, or Section 8, we will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur in connection with any such suspension.
6. Acceptable Use of Services
6.1 Compliance with Terms: Customer is responsible for their compliance with these Terms as well as their Users’ compliance. If Customer or any User violates these terms, CallTrackingMetrics may suspend Customer’s use of the Services.
6.2 No Inappropriate Content or Users: Customer cannot use the Services to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public. This prohibition includes use of the Services by a hate group or content or communications that originate from a hate group or are exploitive, abusive, or hate speech.
6.3 Prohibited Activities: Customer cannot use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, violating others’ rights, or harmful to CallTrackingMetrics’s business operations or reputation, including:
- Violations of Laws: Violating any applicable laws, regulations, or industry standards or guidance (collectively, “Applicable Laws”). This includes violating Applicable Laws requiring (a) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications or (b) compliance with opt-out requests for any data or communications.
- Interference with the Services: Interfering with or otherwise negatively impacting any aspect of the Services or any third-party networks that are linked to the Services.
- Reverse Engineering: Reverse engineering, copying, disassembling, or decompiling the Services.
- Falsification of Identity or Origin: Creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications.
Customer agrees to familiarize himself with and abide by all applicable local, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under their Account, including without limitation (a) the initiation or making of transmissions using the Services or (b) the creation of and the specific content of the transmissions.
6.4 No Service Integrity Violations. Customer cannot violate the integrity of the Services, including:
- Bypassing Service Limitations:Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.
- SecurityVulnerabilities: Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities.
- Disabling the Services: Any denial of service (DoS) attack on the Services or any other conduct that attempts to disrupt, disable, or overload the Services.
- Harmful Code or Bots: Transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Services.
- Unauthorized Access: Attempting to gain unauthorized access to the Services.
6.5 Data Safeguards: Customer is responsible for determining whether the Services offer appropriate safeguards for Customer’s use of the Services, including, but not limited to, any safeguards required by Applicable Laws, prior to transmitting or processing, or prior to permitting Users to transmit or process, any data or communications via the Services.
7. Customer Responsibilities
- be solely responsible for all use of the Services under their Account, including the quality and integrity of any data and other information made available to us by or for you through the use of the Services under these Terms (“Customer Data”) and your Users that interfaces with the Services.
- not transfer, resell, lease, license, or otherwise make available the Services to third parties (except to make the Services available to Users as permitted under these Terms) or offer them on a standalone basis;
- use the Services only in accordance with these Terms, the applicable Documentation, any applicable Order Form(s) or Addendums, and applicable law or regulation;
- be solely responsible for all acts, omissions, and activities of anyone in your Account who accesses or otherwise uses our Services including your Users’ compliance with these Terms, the applicable Documentation, and any applicable Order Form(s);
- prevent unauthorized access to or use of the Services and notify us promptly of any such unauthorized access or use;
- provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers; and
- comply with the representations and warranties you make in Section 13 and 14 (Representations, Warranties, and Disclaimer).
We will not be liable for any loss or damage arising from unauthorized use of your Account.
8. Fees and Payment
8.1 Account Available Balance: In order to start using CallTrackingMetrics service, Customer will need to select a subscription plan and add money to the Account Available Balance to fund usage. The Customer chooses how much to initially add to the Available Balance and at what point it should automatically recharge.Thereafter, the fees for the subscription plan and fees for phone numbers, minutes used, text messages sent or received, and any other fees for services such as premium Caller ID, keyword spotting, additional calls per second capacity, transcription services, form completions etc (collectively “Usage”) will all be deducted from the Available Balance.
8.2 Credit card Payment Terms: Customer grants CallTrackingMetrics the right to charge the primary or secondary credit cards in their Account for all fees incurred under this agreement. Customer is responsible for (a) managing auto-recharge settings on the Account and (b) ensuring that the Account has a sufficient positive balance to cover all fees due. If, for any reason, the Account has a negative balance or the credit card declines a charge for fees due, then we reserve the right to suspend the Services to all of your accounts.
8.3 Each subscription plan has an associated monthly fee. The monthly fee for the chosen subscription plan will be charged to the Account Available Balance every 30 days. The plan will continue to renew until Customer cancels the Account by going to the “account settings” or “agency settings” page. In the case of an agency plan, the monthly subscription fee will continue to be charged to the Customer until the agency has been cancelled (cancelling just the sub-accounts does not stop the monthly subscription fee from being charged).
8.4 Customers can elect to sign up for a pre-paid 12 month subscription plan. In those plans, the monthly subscription fee is discounted and paid up front by the Customer for a 12 month period. The term for those plans automatically renew for successive 365 days periods. Customers on these annual plans can cancel by notifying our support team at least 30 days in advance of the renewal date. Customers can cancel these annual plans at any time but no refunds will be given for unused portion of the annual term.
8.5 Tracking Numbers: Each tracking number purchased is valid for 30 days of service and will thereafter automatically renew for successive additional 30-day periods. The monthly renewal fee for the number will be deducted from the Available Balance. Customer can cancel a tracking number by releasing it on the edit tracking number page.
8.6 Per Minute Charges: For clarification and without limitation to which plan has been selected, CallTrackingMetrics shall bill for all minutes of usage for each call from the instant a call is initiated by, or connected to, the CallTrackingMetrics network to the instant all parties to such call are disconnected. Call duration calculations will be rounded up to the nearest minute. The per minute rates shown on the pricing and signup page apply to the standard rate center for each country that matches the purchased tracking number. Actual per minute rates may be higher depending on the rate center of the receiving number. Customer can check the exact per minute rate of their receiving number rate center lookup here: https://calltrackingmetrics.com/rates
8.7 Licenses: Customers can choose to add on licenses to their Account to use services such as “Chat”. These licenses renew every 30 days, at which point the monthly license fee is charged to the Account Available Balance. If the Customer has multiple licenses renewing on the same day, they will be grouped into one deduction amount from the Available Balance.
8.8 Collections: If CallTrackingMetrics requires use of collection agencies, attorneys, or courts of law for collection on the Account, Customer will be responsible for those expenses.
8.9 Fee Changes: CallTrackingMetrics may change any portion of the fees by posting the changes to the websites or otherwise notifying customers of the change, such changes to take effect at the beginning of the next period of service.
8.10 Disputed Charges: Billing disputes must be submitted within 30 days of the applicable billing date or are deemed waived. Disputes shall be considered in the order received and are subject to determination in the sole judgment of CallTrackingMetrics. If a valid, settled transaction is disputed through the processing bank as a “chargeback” and thus the transaction is reversed, the amount of that transaction will be deducted from the current Available Balance of the corresponding Account AND a $50 processing fee will be applied to the Account. Please take care to not dispute valid transactions.
8.11 Use of Secondary Carrier: Customers may request tracking numbers that are not available through our primary carrier. These numbers may have different monthly and per minute rates than the standard rates for the plan. Customer will be notified of these differences prior to CallTrackingMetrics procuring the number, and Customer must agree in writing to approve the difference.
8.12 Taxes and Communication Surcharges: Unless otherwise stated, the Customer shall be responsible for maintaining an accurate service address for their Account and shall pay all Taxes imposed on or with respect to the CallTrackingMetrics Services whether such Taxes are imposed directly upon the Customer or upon CallTrackingMetrics. “Taxes” mean all applicable federal, state and local taxes, fees, charges, carrier surcharges or other similar exactions, including, without limitation, sales and use taxes, communications service taxes, utility user’s taxes or fees, excise taxes, any other license or business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes.
8.12.1 For purposes of this Section, Taxes do not include any Taxes that are imposed on or measured by CallTrackingMetrics net income, property tax, or payroll taxes.
8.12.2 If a Customer is exempt from any such Taxes for any reason, we will exempt them from such Taxes on a going-forward basis once we receive a duly executed and dated valid exemption certificate to our tax department and our tax department has approved such exemption certificate. Such exemptions should be sent directly to firstname.lastname@example.org. If for any reason a taxing jurisdiction determines that the Customer is not exempt from any such exempted Taxes and then assesses us such Taxes, the Customer agrees to promptly pay to CallTrackingMetrics such Taxes, plus any applicable interest or penalties assessed.
8.12.3 Communications Surcharges: All fees are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”). You will pay all Communications Surcharges associated with your use of the Services.
9. Term and Termination
9.1 Term: These Terms, as may be updated from time to time, will commence on the date they are accepted by you and continue until terminated in accordance with Section 9 (“Term”).
9.2 Termination by CallTrackingMetrics: We may terminate these Terms and close all of your Accounts for any reason upon thirty (30) days written notice to the Customer unless otherwise specified herein.
9.3 Termination By Customer: Customer may cancel Account and associated Services through the cancellation process on the Account settings page within the CallTrackingMetrics website or for agencies, on the agency settings page. Past activity data and reports will be accessible for 60 days and then will be deleted.
9.3.1 Notwithstanding the preceding sentence, if there is an Order Form(s) or Addendum in effect, then these Terms will not terminate until such Order Form(s) or Addendum has expired or been terminated in accordance with its terms.
9.4 After canceling an Account, the Available Balance will be preserved for 90 days. If Customer would like to request a refund of the Available Balance, they must do so within 90 days by contacting email@example.com. Otherwise, the money will be forfeited.
Refunds can only be processed back to the card that was used to fund the Available Balance. For refunds in excess of $500, bank transaction fees will be withheld from any refunds– US fees are 4%, International fees are 5.5%.
9.5 When cancelling a monthly add on license such as “Chat” , the Customer will still be able to use the associated license through the end of the current billing cycle- unless they are also cancelling the associated Account (in which case, they will no longer be able to use “Chat”).
9.6 Material Breach: We, at our sole discretion, may terminate these Terms and close all of your Accounts in the event you commit any Material Breach of these Terms and fail to remedy such Material Breach within fifteen (15) days after we provide written notice of such breach to you. You may also terminate these Terms in the event we commit a Material Breach of these Terms and fail to remedy such Material Breach within fifteen (15) days after providing written notice of such Material Breach to us.
9.7 Insolvency: Subject to applicable law, either party may terminate these Terms immediately and close all of your Accounts by providing written notice in the event of the other party’s liquidation, commencement of dissolution proceedings, or any other proceeding relating to a receivership, failure to continue business, assignment for the benefit of creditors, or becoming the subject of bankruptcy.
Ownership, Confidentiality and Use of Customer Data
10.1 Ownership: We exclusively own and reserve all right, title, and interest in and to the Services, our Confidential Information (as defined below), and any data, in anonymized or aggregated form that does not identify you, any Users, or any natural person, generated or derived from the use or operation of the Services, including volumes, frequencies, bounce rates, and performance results for the Services. You exclusively own and reserve all right, title, and interest in and to your Confidential Information, and Customer Data, subject to our rights to use and disclose Customer Data in accordance with these Terms.
10.2 Our Use of Customer Data: You instruct us to use and disclose Customer Data as necessary to (a) provide the Services consistent with this Section 10, Section 2, our Data Protection Addendum and our Privacy Notices, including detecting, preventing, and investigating security incidents, fraud, spam, or unlawful use of the Services, and (b) respond to any technical problems or your queries and ensure the proper working of the Services.
10.3 You acknowledge that the Internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree we are not liable for any changes to, interception of, or loss of Customer Data while in transit via the Internet or a telecommunications provider’s network.
If you do not agree to CallTrackingMetrics Privacy Notices and/or Data Protection Addendum, you must stop using our Services. If you have any questions about either of them, you may contact us at 1-800-577-1872 or via email at firstname.lastname@example.org.
10.5 Data storage is not guaranteed by us and you agree that we 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 Customer Data.
10.6 Trademarks: The brand names, slogans, trademarks, service marks, designs, and logos used on the CallTrackingMetrics Website or in conjunction with the Service, including without limitation CallTrackingMetrics (collectively, the “Marks”) are the trademarks of CallTrackingMetrics and its licensors.
Customer further agrees not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the Marks without the prior written consent of CallTrackingMetrics.
10.7 Site Content: All information and materials published, transmitted, or otherwise available on the CallTrackingMetrics Website or through the Service (including, but not limited to, terms of service, use policies, service documentation, user help, informational resources, images, equipment configurations, audio clips, and video clips, collectively, “Content”) are protected by copyright or trademarked (as applicable), and owned or controlled by CallTrackingMetrics, its licensors, or affiliated companies. Customer shall abide by all copyright and trademark notices, limitations, and restrictions applicable to any Content or to the Service. Without limiting the foregoing, no Content may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Service in accordance with its intended use, nor may derivative works be created from it or distributed in any way.
10.8 Proprietary Technology: The software, hardware, and other technologies which CallTrackingMetrics uses to deliver the Service (the “CallTrackingMetrics Technologies”) contain confidential and proprietary information, trade secrets, and other property rights belonging to CallTrackingMetrics and its licensors, and all rights to the CallTracking Metrics Technologies and all property rights related to the Service, including without limitation all patents (registered or unregistered), trade secrets (including diagrams, drawings, processes, production methods, information, data, computer software, and formulas), copyrights (whether registered or unregistered), domain names and subdomains, end-user and consumer information, work product resulting from custom implementation services, and contract rights, including all derivative works thereof (whether produced by CallTrackingMetrics, Customer, or otherwise), shall remain exclusively with CallTrackingMetrics and its applicable licensors.
Customer rights to the CallTrackingMetrics Technologies are limited to a non-exclusive and non-transferable runtime right solely during the term of the applicable Account subscription and solely for the purpose of using the Service. All Service is hosted by CallTrackingMetrics and no software code (other than APIs if CallTrackingMetrics agrees to provide the same in its sole discretion) will be provided to Customer.
10.9 Derivative Works: Customer may not modify, create derivative works or, redistribute, sell, decompile, reverse engineer, or disassemble the CallTrackingMetrics Technologies or otherwise attempt to deduce the source code, design, or data transmission characteristics of the CallTrackingMetrics Technologies. Customer may not use packet sniffers or other network or IP tracing technologies on the Service or with the CallTrackingMetrics technologies except for the specific purpose of optimizing your network for use of the Service in accordance with CallTrackingMetrics Service documentation.
10.10 Confidentiality: “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party (“Disclosing Party”) to the other party (“Receiving Party”) that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure, including, without limitation, any Order Form(s), Customer Data, security reports and attestations, audit reports, customer lists, pricing, phone numbers, concepts, processes, plans, designs and other strategies, financial, and other business and/or technical information and materials of Disclosing Party and its Affiliates. Confidential Information does not include any information which: (a) is publicly available through no breach of these Terms or fault of Receiving Party; (b) was properly known by Receiving Party, and to its knowledge, without any restriction, prior to disclosure by Disclosing Party; (c) was properly disclosed to Receiving Party, and to its knowledge, without any restriction, by another person without breach of Disclosing Party’s rights; or (d) is independently developed by the receiving party without use of or reference to the Confidential Information of Disclosing Party.
10.11 Use and Disclosure: Except as otherwise authorized by Disclosing Party in writing, Receiving Party will not (a) use any Confidential Information of Disclosing Party for any purpose outside the scope of these Terms and (b) disclose or make Confidential Information of Disclosing Party available to any party, except to its Affiliates’, and their respective employees, legal counsel, accountants, contractors, and in our case, subcontractors (collectively, “Representatives”) who have a “need to know” in order to carry out the purpose of these Terms. Receiving Party is responsible for its Representatives’ compliance with this Section 10.11. Representatives will be legally bound to protect Confidential Information of Disclosing Party under terms of confidentiality that are at least as protective as the terms of this Section 10.11. Receiving Party will protect the confidentiality of Confidential Information of Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information but in no event less than reasonable care.
10.12 Compelled Disclosure: Receiving Party may disclose Confidential Information of Disclosing Party if so required pursuant to a regulation, law, subpoena, or court order (collectively, “Compelled Disclosures”), provided Receiving Party gives Disclosing Party notice of a Compelled Disclosure (to the extent legally permitted).
11.1 CallTrackingMetrics General Support (“Support”) is available to Customers to help them with questions about their Account. General Support does not come with any response time or resolution guarantees.
11.2. General Support is distinct from the Implementation Support, Premium Support, or Onboarding (collectively “Customized Support”) which are paid services.
11.3 General Support does not provide detailed orientations, detailed walkthroughs or assessments of a Customer’s Account.
11.4 The General Support Team cannot directly modify configurations or settings in a Customer’s Account.
11.5 General Support agents are not experts on the systems that CallTrackingMetrics integrates with. Inquiries about integrations that involve the settings in another system will need to be addressed by the other system.
11.6 CallTrackingMetrics may in its sole discretion determine the methods and channels for the provision of General Support. CallTrackingMetrics has the discretion to limit the frequency and channels in which a Customer can contact General Support. If CallTrackingMetrics determines that a Customer is requesting an excessive amount of time from General Support, CallTrackingMetrics may rate limit the number of inquiries responded to from that Customer or refuse to provide service to them.
11.7 CallTrackingMetrics can only provide support to authorized users of an Account. CallTrackingMetrics may in its sole discretion limit the provision of Support to only individuals designated as authorized support contacts and/or may limit what topics can be covered based on the role the user has in the Account.
11.8 Customers seeking General Support will be required to provide their Account ID, their first and last name, their email address and/or other identifying information reasonably deemed necessary by CallTrackingMetrics prior to receiving services.
11.9 General Support inquiries can be answered by a variety of agents on the team. Customers cannot select or request to only work with particular agents.
11.10 General Support agents are not experts on supporting hardware (computers, headsets, routers, etc.) and telephone devices. Customers are responsible for their hardware and its use with CallTrackingMetrics. Customers are solely responsible for supporting their computer hardware and telephone devices.
12. Use of Marks
Customer hereby grants CallTrackingMetrics a royalty-free, nonexclusive, limited license to use the name and logo of Customer on the CallTrackingMetrics website or in other public relations materials to include Customer as a customer of CallTrackingMetrics. Customer may terminate such authorized use upon 30 days written notice.
13. DISCLAIMER OF WARRANTIES:
CALLTRACKINGMETRICS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE.
CALLTRACKINGMETRICS’ SERVICES AND PROPERTIES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. CALLTRACKINGMETRICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE CALL TRACKING SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
14. EXCLUSION OF DAMAGES, LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL CALLTRACKINGMETRICS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF CALLTRACKINGMETRICS HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL CALLTRACKINGMETRICS BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE SIX MONTHS PRECEDING THE INCIDENT OR CLAIM.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
THE CALLTRACKINGMETRICS SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER CALLTRACKINGMETRICS NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD CALLTRACKINGMETRICS HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE CALLTRACKINGMETRICS SERVICES TO CONTACT EMERGENCY SERVICES.
15. Indemnification and Disputes:
With respect to any violation of this Agreement, Customer agrees to indemnify and hold harmless CallTrackingMetrics, and its subsidiaries, parents, affiliates, managers, shareholders, officers, directors, agents, resellers, sales affiliates, licensees or other partners, and employees, from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the Service, any other parties’ use of the Account, or any conduct while using the Service, violation of this Agreement, or violation of any rights of another, including without limitation any violation of applicable law or any tort committed while using the Service.
15.1 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of Maryland, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between Customer and CallTrackingMetrics or its associates.
16.1 Enforceability: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
16.2 Force Majeure: CallTrackingMetrics shall not be deemed in breach of this Agreement, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of God.
16.3 Transferability: The right to use the Service and access the Account is not transferable, sublicense able, and may not be sold, rented, or timeshared, unless expressly permitted in another agreement with CallTrackingMetrics. CallTrackingMetrics may assign this Agreement, in whole or in part, at any time with or without notice.
16.3 No Waiver: The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
16.4 Relationship: Each party is an independent contractor in the performance of each and every part of this Agreement. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of this Agreement. Customer does not have the authority to commit CallTrackingMetrics in any way and will not attempt to do so or imply that it has the right to do so.
16.5 Notices: When Customer visits or sends e-mails to us, they are communicating with us electronically. When they create an Account and enter their email address, subject to applicable law, they consent to receive communications from us electronically. We will communicate with Customer by e-mail or by posting notices on this site. Customer agrees that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
Any notice required or permitted to be given under these Terms to you will be sent via email to the email address you designate in your Account or provided via your account portal.
Any questions or notices can be directed to CallTrackingMetrics at:
231 Najoles Road Suite #500
Millersville, MD 21108.