These terms are specific to the EASYLINE software application (the "App") provided by Licensor, and the terms for your use of the separate services enabled through the App ("Services"). If you downloaded the App from a U.S. App Store or, for desktop versions of EASYLINE Enterprise, if you identify your country of use as the United States, "Licensor" is TalkU, Inc.
NOTICE REGARDING ARBITRATION
THE MASTER TERMS CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TalkU ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
NOTICE REGARDING MESSAGES FROM TalkU
BY ACCEPTING THESE TERMS, YOU AGREE AND HEREBY PROVIDE YOUR CONSENT, THAT LICENSOR MAY CONTACT YOU: (A) BY EMAIL THAT YOU HAVE PROVIDED AND/OR AT THE MOBILE PHONE NUMBER YOU PROVIDED DURING REGISTRATION, BY CALL OR SMS AT THE MOBILE PHONE NUMBER YOU PROVIDED DURING REGISTRATION, AND/OR VIA PUSH NOTIFICATIONS, AND AT YOUR EASYLINE NUMBER, ABOUT SETTING UP A EASYLINE ACCOUNT, ABOUT THE STATUS OF YOUR EASYLINE ACCOUNT, ABOUT THE STATUS OF YOUR EASYLINE SUBSCRIPTION, AND REGARDING INFORMATION PERTINENT TO YOUR EASYLINE ACCOUNT AND SUBSCRIPTION; AND (B) BY CALL, EMAIL OR SMS, TO SEND YOU MARKETING MESSAGES ABOUT YOUR EASYLINE ACCOUNT AND SUBSCRIPTION, AND ABOUT LICENSOR'S PRODUCTS AND SERVICES. FOR SMS COMMUNICATIONS TO YOUR WIRELESS PHONE NUMBER PROVIDED BY YOUR WIRELESS CARRIER, YOU MAY OPT OUT OF RECEIVING THOSE MESSAGES. FOR SMS COMMUNICATIONS TO A PHONE NUMBER THAT IS TalkU PROPERTY (AS DEFINED IN THE MASTER TERMS), YOU MAY NOT OPT OUT OF RECEIVING THOSE MESSAGES. FOR EMAIL MESSAGES SENT TO YOUR EMAIL ADDRESS, YOU MAY OPT OUT OF RECEIVING THEM. FOR ANY OPT-OUTS, YOU MAY OPT OUT BY FOLLOWING THE OPT-OUT PROCEDURES IN THE APPLICABLE MESSAGES. FOR PUSH NOTIFICATIONS, YOU MAY OPT OUT OF RECEIVING THEM THROUGH THE SETTINGS IN YOUR DEVICE'S OPERATING SYSTEM. FOR THE PURPOSES OF THIS PARAGRAPH, REFERENCE TO "SMS" SHALL MEAN BOTH SMS AND MMS MESSAGES.
NOTICE REGARDING SUBSCRIPTIONS
EASYLINE SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR APPLICABLE SUBSCRIPTION IS CANCELED.
CERTAIN SUBSCRIPTIONS MAY OFFER A FREE TRIAL PRIOR TO CHARGING YOUR PAYMENT METHOD. TO AVOID BEING CHARGED, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE FREE TRIAL ENDS.
YOU CONSENT TO ALLOW THE APPLICABLE APP STORE TO CHARGE YOUR CREDIT CARD FOR THE AMOUNTS DUE FOR THE SUBSCRIPTION AND FOR ANY PAID FEATURE, AND TO CHARGE YOUR CREDIT CARD FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED, OR YOU TERMINATE THE SUBSCRIPTION FOR THE PAID FEATURE, AS APPLICABLE.
TO CANCEL A SUBSCRIPTION, YOU MUST CANCEL IT THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP STORE. FOR SUBSCRIPTIONS PURCHASED THROUGH THE APPLE APP STORE, SEE https://support.apple.com/en-us/HT202039. FOR SUBSCRIPTIONS PURCHASED FROM GOOGLE PLAY,
TO CANCEL YOUR EASYLINE ENTERPRISE SUBSCRIPTION, YOU MUST SEND A CANCELATION NOTICE BY EMAIL TO firstname.lastname@example.org.
Wireless Services Charges
You are solely responsible for any fees and costs associated with any wireless voice or data services utilized by the App. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App.
Further, you acknowledge and agree that: (i) your cellular connection may be used for voice functionality of the Inbound Service (as defined in the Master Terms) and that you are solely responsible for cellular usage charges which you incur from use of the Inbound Service; and (ii) your cellular connection may be used for the voice functionality of Outbound Service and that you are solely responsible for cellular usage charges which you incur from use of the Outbound Service.
You acknowledge and agree that Licensor or Inbound Provider owns the phone numbers issued to you from the App and that you do not have any rights to transfer the phone number or to use the phone number separate and apart from the App. Inbound Provider, as holder of that phone number as registered with the applicable competitive local exchange carrier ("CLEC"), may reclaim the phone number associated with your account at any time and/or discontinue phone number availability at any time, in each case without liability to you, provided that Inbound Provider will not reclaim the phone number used with EASYLINE unless you fail to make payments as required or otherwise violate these terms and conditions, or where reclamation is required by the CLEC or applicable law.
You agree that you shall not: (i) share your use of the phone number associated with your use of EASYLINE with a third party through any means, (ii) resell any phone number or subscriptions for any App or Service, (iii) use the App or Service for call center operations, for calling phone numbers to generate income for you or a third party, for programmatic calling, or for unsolicited marketing or faxing or consumer research communications
1.Voicemail transcriptions: Your version of EASYLINE may include voicemail transcription capabilities. If so, by using EASYLINE, you acknowledge and agree that: (i) Licensor may transcribe or have transcribed by a third party, and store and have stored by a third party, voicemail messages, and to make transcriptions available to you, and that you hereby provide your express consent to the foregoing per the requirements of 18 U.S.C. §2702(b); (ii) Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any transcription errors; (iii) you may not use or copy such features, or any source code or documentation for the same; (iv) you shall not, and shall not allow or enable a third party to, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of those features; and (iii) you shall not, and shall not allow or enable a third party to, disclose or publish any benchmark or performance data regarding international calling features to any third party.
2. International calling: Your version of EASYLINE may include international calling features. If so, by using EASYLINE, you acknowledge and agree that international calling is enabled through connections between Licensor and third party providers, and that Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any errors, delays, interruptions or failure of international calling features. You acknowledge and agree that international calls are subject to call time and geographic limitations and may be further limited and/or restricted by Licensor and/or Outbound Provider in its or their sole discretion at any time and without notice or liability to you.
3. EASYLINE with paid features and EASYLINE Enterprise: From time to time Licensor may make available paid versions or paid features of the EASYLINE App which include tools that allow you to manage native features of your phone with one of Inbound Provider's phone numbers dedicated to your account and not subject to reclamation except as provided in the Inbound Terms. Those features are not otherwise available in free versions of Licensor applications. Licensor may also make available account features which allow the use of multiple phone numbers by multiple individuals under one master account ("EASYLINE Enterprise"). The following provisions apply to such paid versions of EASYLINE and EASYLINE Enterprise (collectively, "Paid Accounts").
a. Subscription Period: The subscription period for Paid Accounts shall be as stated when you elect to establish the Paid Account ("Subscription Period"). The Subscription Period shall automatically renew for additional Subscription Periods of equal duration until you cancel your Paid Account or Licensor terminates your Paid Account.
b. Account Setup: EASYLINE Accounts are established by the individual EASYLINE Account holder. EASYLINE Enterprise Accounts are set up by a group administrator (the "Admin") who registers as the Admin, selects the quantity of phone numbers, and pays for the Subscription Fees. Licensor may limit, in its sole discretion, the number of EASYLINE Accounts that a single person or subscriber may establish or use, whether by preventing Account setup, by canceling Accounts, or otherwise. The Admin identifies members of the group by providing the name for each group member (each a "Group Member") and other optional information for each Group Member. Each Group Member can then set up his/or her EASYLINE subaccount (each a "Group Member Account") by following the account setup process for Group Members.
d. EASYLINE Enterprise Account Management: Using the EASYLINE Enterprise Account management console, the Admin maintains exclusive control over the management of the EASYLINE Enterprise Account, such as adding or removing phone numbers. AS A GROUP MEMBER, YOU ACKNOWLEDGE AND AGREE THAT: (I) THE ADMIN MAINTAINS MANAGEMENT CONTROL OVER GROUP MEMBER ACCOUNTS; (II) THE ADMIN CONTROLS PORTING OUT OF PHONE NUMBERS FOR EASYLINE ENTERPRISE AND THAT NO GROUP MEMBER MAY PORT OUT PHONE NUMBERS CONTROLLED BY THE ADMIN; (III) THE ORGANIZATION WITH WHICH THE ADMIN IS ENGAGED IS THE HOLDER OF THE GROUP MEMBER ACCOUNT (THE "ORGANIZATION") AND HAS RIGHTS TO VIEW AND ACCESS CALL DETAIL RECORDS, CONTACT DATA AND OTHER INFORMATION ASSOCIATED WITH GROUP MEMBER ACCOUNTS, AND EACH GROUP MEMBER HEREBY GRANTS THE ORGANIZATION THE RIGHT TO DO SO, AND GRANTS LICENSOR THE RIGHT TO DISCLOSE SUCH INFORMATION TO THE ORGANIZATION UPON REQUEST; (IV) THE ADMIN CAN RETAKE THE PHONE NUMBER ASSIGNED TO YOUR EASYLINE ENTERPRISE GROUP MEMBER ACCOUNT; AND (V) LICENSOR, OUTBOUND PROVIDER AND INBOUND PROVIDER ARE NOT RESPONSIBLE FOR, AND WILL NOT HAVE ANY LIABILITY TO YOU FOR, ANY ACTIONS TAKEN BY THE ADMIN WITH RESPECT TO YOUR USE OF, OR INABILITY TO USE, EASYLINE.
e. EASYLINE Enterprise Account Downgrades: The Admin can downgrade the EASYLINE Enterprise Account to a regular EASYLINE account by removing all phone numbers associated with the EASYLINE Enterprise Account. Downgrades are implemented immediately and there are no refunds of Subscription Fees. IF YOU ARE A GROUP MEMBER, YOU ACKNOWLEDGE THAT YOUR PARTICIPATION AS A GROUP MEMBER, AND YOUR GROUP MEMBER ACCOUNT, CAN BE TERMINATED BY THE ADMIN AT ANY TIME.
f. Cancelation. To cancel your EASYLINE subscription, you must cancel the recurring subscription through mechanisms made available by the applicable App Store provider. For subscriptions purchased through the Apple App Store, in the "Settings" feature, tap "App and iTunes Stores," tap your Apple ID (you may need to sign in), under "Subscriptions" tap "Manage," tap the subscription you want to manage, and use the options to manage your subscriptions. See https://support.apple.com/en-us/HT202039 for detailed instructions on canceling your subscription. For subscriptions purchased through Google Play, go to payments.google.com, select "Bills and Accounts," and select the subscription you want to cancel.
See https://support.google.com/googleplay/answer/2476088?hl=en for details on canceling your subscription.
To cancel your EASYLINE Enterprise subscriptions, you must send a cancelation notice via email to email@example.com.
IF YOU DEACTIVATE YOUR EASYLINE ACCOUNT USING THE MECHANISMS AVAILABLE IN THE EASYLINE APP, THE ACCOUNT BECOMES "INACTIVE" BUT IS NOT TERMINATED. ONCE YOUR ACCOUNT HAS BEEN DEACTIVATED, YOU MAY HAVE LIMITED USAGE OF THE APP (E.G. COMMUNICATION HISTORY) UNTIL YOUR RESTART A SUBSCRIPTION
IN ORDER TO COMPLETELY TERMINATE EASYLINE ACCOUNTS, FOR BOTH INACTIVE AND ACTIVE ACCOUNTS, YOU MUST SEND A CANCELATION NOTICE VIA EMAIL TO firstname.lastname@example.org STATING THAT YOU ARE TERMINATING YOUR USE OF EASYLINE COMPLETELY.
AND IN ORDER TO TERMINATE YOUR SUBSCRIPTION, YOU MUST CANCEL THE SUBSCRIPTION THROUGH THE APPLICABLE APP STORE AS PROVIDED ABOVE, UNLESS YOU PURCHASED A SUBSCRIPTION DIRECTLY THROUGH LICENSOR, IN WHICH CASE YOU MUST CANCEL YOUR SUBSCRIPTION BY SENDING A SEND A CANCELATION NOTICE VIA EMAIL TO email@example.com.