LAST UPDATED: October 3, 2022
TERMS OF SERVICE
Please read the following terms and conditions carefully.
Persons under the age of eighteen (18) must review terms and conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these terms and conditions. Should a person’s parent or legal guardian not acknowledge and agree to these terms and conditions, that person must immediately stop using the services and discontinue use.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO THE USE OF THIS SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
By using the services (as defined below), you agree to the following terms and conditions:
USE OF THE SERVICES.
This agreement (“Agreement”) is entered into between you (“You” or “Your”) and Reliable PBX Corp, a New Jersey corporation (“Reliable PBX”). Subject to the terms and conditions of this Agreement, You are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the services. The services include virtual phone systems and management tools (“Services”). Use of the Services is limited to the contemplated functionality. The Services shall not be used in any way that:
harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including, without limitation, rights of publicity or other proprietary rights);
is unlawful, fraudulent, or deceptive;
uses technology or other means to access unauthorized content or non-public spaces;
uses or launches any automated system or process, including, without limitation, “bots”, “spiders”, or “crawlers”, to access unauthorized content or non-public spaces;
attempts to introduce viruses or any other harmful computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
attempts to damage, disable, overburden, or impair Reliable PBX’s servers or networks;
attempts to gain unauthorized access to Reliable PBX’s computer network;
attempts to gain unauthorized access to Reliable PBX’s user accounts;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
violates this Agreement in any manner; or
fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
You may need to create and register an account in order to use certain Service features. In creating an account, You agree to:
create only one account;
provide honest, accurate, current, and complete information;
keep Your information updated and accurate;
keep Your account password private and not share it with others; and
notify Reliable PBX if you discover or suspect that Your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to You and You accept all risks for any unauthorized use of Your account.
You understand and agree that You must keep your address up to date with Reliable PBX to ensure that emergency calls are routed to the correct address. You further understand and agree that the mobile app does not support calls to 911 or other emergency services.
Reliable PBX reserves the right, in its sole discretion, to terminate this Agreement, remove any content from the Services (“Content”), assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Services, that Reliable PBX reasonably believes is or might be in violation of this Agreement, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.
From time to time, Reliable PBX may automatically check the version of the Services and, if applicable, provide updates for the Services (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the Services. By installing the Services, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Services and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
Reliable PBX reserves the right to temporarily disable or permanently discontinue any and all functionality of the Services at any time without notice and with no liability to You.
For the avoidance of doubt, this Agreement is solely between Reliable PBX and You.
If You need to contact Reliable PBX about the Services, You may do so by emailing [email protected]. Notwithstanding the foregoing, Reliable PBX is under no obligation to provide technical support for the Services.
You are solely responsible for the confidentiality and security of User Information sent from or stored on the mobile device by the Services. You are solely responsible for all activities that occur under Your user ID and/or password — including, without limitation, any and all unauthorized use of, or purchases made using, the Services — and You agree to notify Reliable PBX immediately of any unauthorized use of Your user ID and/or password or any other breach of security related to the Services. You shall be solely responsible for taking precautionary steps to protect User Information stored on the Mobile Device, including, without limitation, password-protecting the Mobile Device and employing a remote-wipe feature. RELIABLE PBX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.
You agree that Reliable PBX, its service providers, and/or others involved in creating or providing the Services may collect and use technical data and related information — including, without limitation, technical information about Your device, system and Services software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Services. Reliable PBX, its service providers, and/or others involved in creating or providing the Services may use this information, as long as it is in a form that does not personally identify You, to improve the Services or to provide services or technologies to You.
PAYMENT AND FEES.
10DLC DETAILS AND FEES.
10 Digit Long Code (10DLC) is the sanctioned standard for A2P text messaging utilizing a traditional 10 digit phone number. Although similar to the existing long code, 10DLC is a reliable messaging channel with throughput levels suitable for SMS campaigns and is sanctioned by the mobile operators. In addition to messaging, 10DLC supports voice calls on the same number used for Commercial SMS.
You are responsible for any noncompliance fees for violation of practices spelled out in the T-Mobile Code of Conduct. Noncompliance fees include, but are not limited to Text Enablement ($10,000.00 fee if T-Mobile receives a complaint where You or Your Message sender text-enables a 10-digit NANP telephone number and sends messages prior to verification of message sender ownership and/or letter of authorization), Grey Route ($10.00 fee per message is A2P messages are sent over P2P routes – this fee is waived until further notice), 10DLC Long Code Messaging Program Evasion ($1,000.00 fee if a program is found to be using techniques such as snowshoeing, dynamic routing, or unauthorized number replacement), Content Violation ($10,000.00 fee for each unique instance of the third of any subsequent notification of content violating the T-Mobile Code of Conduct involving the same content provider – this includes SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) violations, spam, phishing, and messaging that meets the Severity 0 violation threshold per the CTIA Short Code Monitoring Handbook).
You must fill out the proper use case on the Reliable PBX form in order to use 10DLC. If a use case changes, You must notify Reliable PBX to update Your account. Standard use cases include: 2FA (any authentication, verification, or one-time passcode), Account Notifications (standard notifications for account holders relating to and being about an account), Customer Care (all customer care interaction, including but not limited to account management and customer support), Delivery Notifications (notification about the status of the delivery of a product or service), Fraud Alert Messaging ( notifications regarding potential fraudulent activity on a user’s account), Higher Education (messaging created on behalf of colleges or universities, including school districts and education institutions – this use case is NOT for the “free to customer” messaging model), Low Volume Mixed (for brands that have multiple use cases and only need very low messaging throughput – examples include test or demo accounts and small businesses), Marketing (any communication that includes marketing and/or promotional content), Mixed (any messaging campaign containing 2 to 5 standard use cases), Polling and Voting (the sending of surveys and polling/voting campaigns for non-political arenas), Public Service Announcement (informational messaging to raise an audience’s about important issues), Security Alert (a notification that the security of a system, either software or hardware, has been compromised in some way ant there is action needed). Special uses cases include: Carrier Exemptions (exemptions by carrier), Charity (communications from a registered charity aimed at providing help and raising money for those in need – includes 501(c)(3) charities), Proxy (peer-to-peer, app-based group messaging with proxy/pooled numbers – supporting personalized services and non-exposure of personal numbers for enterprise or A2P communications), Emergency (notification services designed to support public safety/health during natural disasters, armed conflicts, pandemics, and other national or regional emergencies), Sweepstakes (all gambling and sweepstakes messaging), K-12 Education (campaigns created for messaging platforms that support schools from grades K-12 and distance learning centers – this is not for post-secondary schools), Political (Election Campaigns) (part of organized effort to influence decision making of a specific group – available only to registered 501(c)(4, 5 or 6) organizations and organizations with a Campaign Verify token), Social (communication between public figures/influencers and their communities – example: YouTube influencer alerts or celebrity alerts), Agents and Franchises (brands that have multiple agents, franchises, or offices in the same brand vertical, but require individual localized numbers per agent/location/office), Sole Proprietors (all small volume messaging for sole proprietor entities).
You are responsible for payment of any costs or expenses incurred as a result of downloading and using the Services, including, without limitation, any operator network and roaming charges. Please check with Your service provider for details.
EXTERNAL SERVICES AND THIRD-PARTY MATERIALS.
The Services may enable access to Reliable PBX’s or third-party services and websites (collectively and individually, “External Services”). Use of the External Services requires Internet access and may require You to accept additional terms. Certain External Services may display, include, or make available content, data, information, services, or materials from third parties (“Third-party Materials”) or provide links to certain third-party web sites. By using the External Services, You acknowledge and agree that Reliable PBX, its agents, and those involved in creating or providing the Services, ARE NOT responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-party Materials or web sites. Reliable PBX, its agents and those involved in creating or providing the Services, DO NO warrant or endorse, and DO NOT assume and WILL NOT have any liability or responsibility to You or any other person for any third-party services, Third-party Materials or web sites, or for any other materials, products, or services of third parties. Third-party Materials and links to other web sites are provided solely as a convenience to You. You agree to use the External Services at Your sole risk and neither Reliable PBX, nor its agents or those involved in creating or providing the Services, shall have any liability to You for content that may be found to be offensive, indecent, or objectionable. Reliable PBX reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Reliable PBX be liable for the removal of or disabling of access to any such External Services. Reliable PBX may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
You agree that the External Services contain proprietary content, information, and material that is owned by their respective owners, and is protected by applicable intellectual property and other laws, including, without limitation, copyright, and that You will not use such proprietary content, information, or materials in any way whatsoever except for the permitted use of the External Services, or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third-party or Reliable PBX. No portion of the External Services may be reproduced in any form or by any means, except as permitted by the respective owner of the External Services. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and You shall not exploit the External Services in any unauthorized way whatsoever, including, without limitation, using the External Services to transmit any computer viruses, worms, trojan horses, or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that neither Reliable PBX, nor its agents or those involved in creating or providing the Services, is in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive, infringing, or illegal messages or transmissions that You may receive as a result of using any of the External Services.
You hereby acknowledge that Reliable PBX owns all rights, titles, and interest in and to the Services and to any and all proprietary and confidential information contained therein (“Reliable PBX Information”). The Services and Reliable PBX Information are protected by applicable intellectual property and other laws, including, without limitation, patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all services, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree that You will not (and will not allow any third-party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, or disassemble the Services or otherwise attempt to derive source code from the Services; (ii) copy, distribute, transfer, sell, or license the Services; (iii) take any action to circumvent, compromise or defeat any security measures implemented in the Services; (iv) use the Services to access, copy, transfer, retransmit, or transcode Content (as defined below) or any other content in violation of any law or third-party rights; or (v) remove, obscure, or alter Reliable PBX’s (or any third-party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services.
Content made available through the Services (“Content”) is protected by applicable intellectual property rights and is the property of Reliable PBX, its third-party licensors and partners (as applicable), and other entities that provide such content to Reliable PBX. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to You through the Services hereunder. Reliable PBX and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.
You or Reliable PBX may terminate the Services at any time. Customer may terminate the Customer’s Services at any time in its sole discretion.
You agree to hold harmless and indemnify Reliable PBX and its subsidiaries, affiliates, officers, agents, and employees (and their respective subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit, or action arising from or in any way related to Your use of the Services or Your violation of this Agreement, including, without limitation, any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Reliable PBX will provide You with written notice of such claim, suit, or action.
DISCLAIMER OF WARRANTIES.
THE SERVICES IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELIABLE PBX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. RELIABLE PBX SHALL NOT BE OBLIGATED TO PROVIDE YOU WITH ANY MAINTENANCE OR SUPPORT SERVICES IN CONNECTION WITH THE SERVICES.
RELIABLE PBX MAKES NO WARRANTY (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THAT THE SERVICES WILL BE ERROR-FREE; (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICES; AND (IV) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY CONTENT OR MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR AUTHORIZED DEVICE (OR ANY OTHER DEVICE) OR ANY LOSS OF DATA THAT MAY RESULT FROM DOWNLOADING ANY SUCH CONTENT OR MATERIAL.
THE SERVICES IS NOT INTENDED FOR USE IN ANY ACTIVITIES DURING WHICH THE FAILURE OF THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RELIABLE PBX OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELIABLE PBX SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RELIABLE PBX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE INABILITY TO USE THE SERVICES TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCLUSIONS AND LIMITATIONS.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND RELIABLE PBX’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ENTIRE AGREEMENT; REVISIONS TO AGREEMENT.
Reliable PBX may, from time to time, modify this Agreement. Such modifications shall be effective as soon as the modified version of the Reliable PBX Mobile Terms of Service is posted online. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of then-current version. Your use of Services following such changes constitutes Your acceptance of the revised version of the Terms of Service.
13. MISCELLANEOUS PROVISIONS.
You and Reliable PBX are independent from each other and nothing in this Agreement creates a partnership, agency, fiduciary or employment relationship between the parties. No person or entity not a party to this Agreement will be a third-party beneficiary.
This Agreement and the legal relations between the parties hereto shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflicts-of-laws provisions. By downloading, installing, or using the Services, You consent to the jurisdiction of the courts of the State of New Jersey with respect to any legal proceedings related to this Agreement, and waive any objection to the propriety or convenience of venue in such courts.
This Agreement is the complete and exclusive statement of the agreements between Reliable PBX and You with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
The failure of Reliable PBX at any time to require performance of any provision of this Agreement in no manner shall affect Reliable PBX’s right at a later time to enforce the same. No waiver by Reliable PBX of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
If any provision of this Agreement shall be held, by a court of competent jurisdiction, to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed by You within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in this Agreement are for convenience only and have no legal or contractual effect.