Effective Date January 31, 2022
The Supplemental Terms below may contain terms that are specific to one or more Service(s). For the avoidance of doubt, in the event of a conflict or inconsistency between the Terms of Service and/or Agreement and these Supplemental Terms, these Supplemental Terms shall prevail, but only with respect to such conflict or inconsistency. Your continued usage of the Service(s) may be relied upon by Awesomesuite as your acceptance of such Supplemental Terms.
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Awesomesuite will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Usage of phone service:
If You have subscribed to and use the phone services as part of Awesome Dial you agree that:
a) when enabling the phone service, you are consenting, on behalf of you and your Users and End-Users to the Processing of your data (as generated by or necessary for the provision or operation of the phone service) by a third-party service provider to provide the phone service;
b) use of this phone service is subject to the payment of additional fees and charges, including, without limitation, the phone call rates as detailed on the Website;
c) unless you choose to turn off the recording feature, all calls made using the phone service are recorded. You are responsible for obtaining consent from your Users and End-Users for any voice recordings made using the phone service;
d) the phone service is not intended to be used for emergency calls to any emergency services such as public safety answering points; and
e) upon Customer’s access to the Service(s) being suspended or terminated, the phone numbers shall also be disabled.
In the event that you wishe to port-out your phone number upon termination of the subscription to the Service(s) you agree to notify firstname.lastname@example.org to request for assistance in the port-out to the third-party service provider of your choice.
Compliance with applicable law:
Customer is solely responsible for operation of the phone service in compliance with all applicable laws in all jurisdictions governing use of the Service(s) by Customer, its Affiliates, Users, and End-Users, including but not limited to telephone recording and wiretapping laws, and Customer will defend, hold harmless, and indemnify Awesomesuite from and against any third party claim arising from any of the foregoing.
1.User Content Generally
Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.
2. Limited License Grant to Awesomesuite
By providing User Content to or via the Service, you grant Awesomesuite a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
3. Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
4. User Content Representations and Warranties
Awesomesuite disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Awesomesuite and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Awesomesuite, the Service, and these Terms;
b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Awesomesuite to violate any law or regulation; and
c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment The following serves as a guide to help illustrate generally the types of content that fall within the scope of Awesomesuite’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Awesomesuite may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Awesomesuite’s Services integrate or interoperate.
Hateful Content includes:
Any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise. A Threat of Physical Harm includes: Any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content, such as the Ku Klux Klan, Nazi Party, and the like.
- Revealing someone’s personal information, also known as “doxxing”.
- Online stalking, and bullying.
- Wishes for physical harm directed at a person or persons.
- Incitement of others to any of the previous items.
We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment. We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm.
A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
5. User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Awesomesuite may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Awesomesuite with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Awesomesuite does not permit copyright-infringing activities on the Service.
6. Monitoring Content
Electronic signature responsibilities
You acknowledge and agrees that: (i) as between Awesomesuite and Customer, Customer has exclusive control and responsibility for the content of all Customer Data, including any documents used with the Services; and,(ii) certain types of documents, agreements, or contracts may be excluded from general electronic signature laws (such as wills, trusts, court orders, or family law matters), or may have specific regulations that are applicable to them; and, (iii) Customer is solely responsible for ensuring that the documents, agreements or contracts it uses with the Services are appropriate for electronic signatures, and Awesomesuite is not responsible or liable for any such determination or use; and, (iv) Consumer protection laws or regulations may impose specific requirements for electronic transactions involving consumers, Customer is solely responsible for ensuring it complies with all such laws/regulations, and Awesomesuite has no obligations to make such determination or assist with fulfilling any requirements therein. If Customer is using an API or other service that allows Customer to perform any end user/participant/signer authentication, then Customer is solely responsible and liable for such authentication.