Terms and Conditions

Updated on May 22nd, 2018 ( Effective Date May 25, 2018. Added information related to data protection and sub-processors)

This MAIN SERVICE LEVEL AGREEMENT ("Agreement" and/or "Terms and Conditions") is a legal agreement between You (an entity or person) (“You”) and SaaS Labs US, Inc a Delaware corporation (here forth referred to as "CallRoot"), that governs Your limited, non-exclusive, terminable right to use the CallRoot.com website and related services (“Site”), the mobile apps, the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”).

By clicking on the "Accept" button/checking the checkbox on signup page, or otherwise using the Service, You agree to be bound by the terms of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU REGISTER FOR A DISCOUNTED FIRST MONTH TRIAL OF OUR SERVICE, THESE TERMS WILL ALSO GOVERN THAT DISCOUNTED TRIAL.IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT AND CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

We respect the privacy and security of our Users. You understand that by using our Services, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information.

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use our website or our Service.

By connecting to us with a third-party service (CRMs and integrations in general, e.g., Pipedrive, HubSpot, Zoho, Zendesk Salesforce, Intercom or any other we have), you give us permission to access and use your information from that service as permitted by that third-party service, to present the information stored in that service to better display information on your CallRoot account, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by us.

CallRoot may amend this Agreement from time-to-time. All amended terms automatically take effect on the sooner of a) the day You use the Service or b) 10 days after they are initially posted on the Site.

Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.

You are allowed to invite two types of user accounts to Your CallRoot Service

• “User” means an employee, consultant or contractor who is authorized by You to use Your CallRoot account.
• “Administrator” means a person authorized to act on behalf of You, who is responsible for the administration and management of Your CallRoot account.

“Users” and “Administrators” must comply with specific obligations, which are set forth specifically when necessary in the Sections below.

1. Services Offered by CallRoot

1. CallRoot provides users the ability to make, receive and forward voice calls using a phone number provided by CallRoot (the “CallRoot Phone Number”) and/or an Application
2. CallRoot is not a “dial-tone” provider and is not a replacement for any phone lines, whether wired, wireless or Internet based. The CallRoot Service allows You to place outgoing calls (national and international) but selected numbers and services may not be reachable through the CallRoot Service and CallRoot does not guarantee that all numbers available worldwide can be called from the CallRoot Service. In particular, the CallRoot Service does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind, which need to be performed from Your local phone service provider. It is Your responsibility to inform Your Users that it is not possible to support or carry emergency calls using the CallRoot Service.
3. PLEASE NOTE THAT CALLROOT DOES NOT SUPPORT ANY EMERGENCY CALLS. THESE CALLS SHOULD BE PERFORMED FROM YOUR LOCAL PHONE SERVICE PROVIDER (FIXED OR MOBILE) IN CASE OF NECESSITY.
4. Because the CallRoot Service relies on Your third-party telephone service, any limitations in that service will also limit the manner in which You can use the CallRoot Service.

2. Quality and maintenance

1. CallRoot will use reasonable endeavors to provide the CallRoot Service with minimum disruptions. However, CallRoot cannot guarantee that the Service will always function without disruptions, delay or other imperfections. Since the CallRoot Service will be transmitted through public internet lines and the public switched telephone network, there may be power outages or internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communications.
2. CallRoot may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. CallRoot may also have to repair, improve, and/or upgrade the CallRoot Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time in our sole discretion.

3. Limited License

1. CallRoot grants You a limited, revocable, non-exclusive, non-transferable license to use the Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.
• You agree not to resell the Service without prior written permission from CallRoot.
• You may not modify, reverse engineer, decompile or disassemble any part of the Service.
• You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of CallRoot.
• You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others.
• You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.
• You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
• You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights.
• You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law any jurisdiction.
2. Any such forbidden use shall immediately terminate Your license to the Service.

4. Use of CallRoot

1. In addition to other rules and regulations contained in these Terms of Use, You and anyone using Your CallRoot account are responsible for any use of CallRoot whether by website or mobile device. You agree not to access, copy, or otherwise use CallRoot Services unless such use is authorized by these Terms of Use or otherwise authorized in writing. You agree that any information You provide to CallRoot is complete and accurate.
2. You will not use the CallRoot Services is any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including:
• to violate any law, regulation or other published policy;
• to violate or infringe on intellectual property, privacy, or rights of another;
• to violate any agreement, rules or policies that govern the use of Your mobile device;
• to transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
• to transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
• to sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any CallRoot account;
• to stalk, harass, or harm another individual; or
• to impersonate another, misrepresent or falsely identify Yourself.
• to violate any applicable third party policies or requirements that CallRoot has communicated to You.
• to engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems
• to engage in spamming or other unsolicited advertising, marketing or other activities in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls or voice mails
3. You and Your Administrators may appoint additional Administrators of Your CallRoot account, and each Administrator shall be required to accept and agree to this Agreement. You shall procure that all Administrators read, agree to and comply with this Agreement and You shall be responsible for any breach of the Terms by such Administrator(s).

5. CallRoot Phone Numbers

1. Provision of CallRoot Numbers is subject to applicable numbering rules and regulatory practices, which may change or be amended from time to time. CallRoot reserves the right to change the terms related to CallRoot Numbers accordingly, including without limitation to impose or amend local residency requirements and/or to require the provision of further user information for continued access to defined CallRoot Numbers.
2. You may purchase and allocate CallRoot Numbers to your Account subject to compliance with the allocation requirements displayed upon subscription to the CallRoot Numbers. In particular, You are responsible for compliance with any requirements related to the residence and/or the location of Your Company.
3. Phone Number costs vary from country to country. Numbers available via CallRoot Phone Numbers section are part of "free phone number per user" policy. Any number not procured via CallRoot Phone Number section will carry extra monthly cost. Our support or sales team will make sure to inform you the price before procuring the number. Only upon your confirmation, we will procure the number. Once number is procured, your account will be charged the number cost and your subscription plan will be upgraded to include this phone number cost.
4. You are responsible for notifying any applicable terms of service to Administrators and Users who are allocated the CallRoot Number, and for ensuring that the Administrators and Users comply with such terms. CallRoot reserves the right to cancel the subscribed CallRoot Numbers in case of breach by You, Your Administrators or Users of the applicable terms of service, including the allocation requirements, without compensation.
5. You shall inform each User that You and Your Administrators may obtain and use their personal and traffic data on the CallRoot numbers they are assigned to. You acknowledge and agree that You shall process (and shall ensure that Your Administrators shall process) such personal data in accordance with all applicable data protection laws. You represent and warrant to keep all such personal and traffic data confidential and use and protect it strictly in compliance with applicable data protection laws.
6. Under no circumstances shall You send (or allow Your Administrators and/or Users to send) unsolicited commercial communications. You shall not (and You shall ensure that Your Administrators and/or Users shall not) send or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of, CallRoot.

6. Pricing, Billing and Refund Policy

1. You authorize CallRoot to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
2. You authorize CallRoot and/or any other company acting as billing agent for CallRoot to charge Your credit card on a recurring monthly basis on the monthly anniversary of Your initial registration for a paid CallRoot plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
3. You will provide CallRoot with updated credit card information upon CallRoot’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. CallRoot is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.
4. For our subscription plans, usage and monthly fees will be charged directly to the credit card You provide to us as specified in our pricing plans found at Pricing Page. Except as provided below, monthly services and certain other charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of Your billing cycle. You agree to pay for all CallRoot Services.
5. AIRTIME AND OTHER MEASURED USAGE ("CHARGEABLE TIME") IS BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. IF PAY PER MINUTE BILLING APPLIES WITHIN YOUR PLAN, WE CHARGE A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH CALL.
6. Chargeable time begins for outgoing calls when a connection to the number you are trying to reach is established and recorded in our system and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after the call has ended, either by You, the person You are speaking with or due to a technical malfunction, but not until Your wireless telephone's signal of call disconnect is received by us and the call disconnect signal has been confirmed.
7. All outgoing calls for which we receive answer supervision including ring time, shall incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers.
8. If You select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime or messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may bill You in a format as we determine from time to time. Additional charges may apply for additional copies of Your bill, or for detailed information about Your usage of Services.
9. CallRoot may change the rates of outgoing calls, text messages at any time without notice to you by posting such change at Call Rates and SMS Rates. The new rate will apply to your next call after the new rates have been published. Please check the latest rates before You make your call. If you do not accept the new rates, do not make your call.
10. You also remain responsible for paying Your monthly Service fee if Your Service is suspended for nonpayment.
11. You agree that for amounts not paid by the due date, we may charge, as a part of its rates and charges, and You agree to pay, a late payment fee of 10% or the maximum allowed by law. In the event You fail to pay billed charges when due and it becomes necessary for us to refer Your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.
12. Using CallRoot will not incur charges to Your personal voice plan (cellular or otherwise) unless You redirect calls to a mobile located in a foreign country. In that case, Your operator will charge its standard rates for roaming on incoming calls.
13. If You use the CallRoot Service from a device using mobile data connection (ex. 3G or 4G), incoming and outgoing calls will use a part of the data allowance of Your personal data plan. If You use a mobile data connection outside of Your home country, Your operator may charge You roaming fees.
14. Charges are applicable for incoming calls, incoming texts and incoming fax messages. Incoming charges are $0.01/min for incoming calls, $0.0086/segment and $0.01/fax page
15. SMS rates mentioned on SMS Rates page are for single segment. 1 Segment = 160 characters. For example, if you send a 200 characters long message, it will cost you 2 X SMS Cost as 200 characters will be counted as 2 segements
16. If you are not clear about the pricing for subscription, phone numbers, calls, texts or fax, please make sure to confirm prices from our support team by emailing us at help@callroot.com. NO REFUND WILL BE GIVEN FOR ALREADY INCURRED USAGE COSTS.
17. All refund related requests will be governed by our publicly available Refund Policy

7. Fair Use Policy

1. CallRoot may offer currently or in the future plans on an "unlimited" use and/or “unlimited minutes” basis. All unlimited plans:
   • May only be used for normal business use,
   • Are provided only for live dialog between two individuals
   • May not be used for any of the following prohibited use:
   • Trunking or forwarding your CallRoot number to another phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
   • Auto-dialing or "predictive" dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
2. In addition, CallRoot is not recommended for massive bulk call-in lines (e.g., customer support or sales call centers handling over hundreds of simultaneous calls, sports-line numbers, etc.
3. CallRoot sets no limit to the number of calls received through the CallRoot app. However, CallRoot considers a fair use policy in the volume of communications forwarded to a mobile device according to the following limit:
4. 1,000 voice minutes/month in CallRoot Small Plan (including up to 2 users)
5. 500 voice minutes/month for each additional user
6. When a customer reaches the above fair use limit, he will receive an alert message and CallRoot reserves its right to restrict call usage or take any other call limit measure. Calls will always be possible through the CallRoot App.
7. These limits can be overcome by upgrading to a custom enterprise plan, which can be obtained by contacting help@CallRoot.com.
8. CallRoot reserves the right upon prior notice to disconnect or suspend your Service if CallRoot determines that your use of the Service violates any point of the Fair Use Policy above.

8. Portability and Reclaiming Numbers

1. Phone numbers for only specific countries (like US, UK, Australia) can be ported in. CallRoot will investigate the possibility to port manually a number, after assessing the implied cost. You may port Your CallRoot number to another provider as long as You have subscribed to a paid plan (i.e. You are not using the free trial). If You wish to export Your CallRoot number to another service, You should request Your new service provider to take responsibility to this process. CallRoot will not charge You for porting Your number out of the CallRoot Service, but Your new service provider may charge You a fee for the portability. Although it is not CallRoot’s responsibility to port Your number out of CallRoot, You may as well request guidance from CallRoot on this process by writing to help@CallRoot.com

9. Protection of Data

CallRoot will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity your data.

The Services may be provided using equipment or facilities located in the European Union or the United States. The Supplier’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission) that provide legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed when using the Service will receive an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).

By agreeing to these Terms, You grant CallRoot a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Services. We will inform You of changes in such processors in accordance with the procedure of modifying these Terms.

List of Processors:

• Google Cloud Hosting services in the US and Germany (Privacy Shield certified).
• Intercom Support Chat, Sales Chat and transactional email automation (Privacy Shield certified).
• Stripe Payment gateway (PCI compliant and Privacy Shield certified).
• Pipedrive Sales CRM tool (Privacy Shield certified).
• Twilio VoIP provider that provides phone numbers and powers our calling, texting and Fax services. (Privacy Shield certified)

10. Responsibility For User Content and Call Recording

We respect the rights of third party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the Service. You expressly agree that we will not be liable for Materials. We reserve the right, but are not obligated, to remove content from the Service for any reason, including content that we believe violates these Terms & Conditions mentioned in this document.

Please note that while CallRoot offers the option for you to record calls, if you choose to use this service, then you must comply with all state and federal laws, regulations and rules prior to recording any telephone calls and you expressly warrant and represent to CallRoot that you shall comply at all times. We make no representations or warranties with respect to call recording and recommend that always secure consent before recording. You acknowledge that these representations and obligations are essential to the ability of CallRoot to provide you with access to call recordings and you further agree to indemnify, defend and hold CallRoot and its officers, directors, owners, employees, agents, consultants and vendors harmless from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys’ fees) that may be incurred by CallRoot arising out of or related to your acts or omissions in connection with call recordings, whether such claims arise under contract, tort, statute or other legal theory.

11. Proprietary Rights

All right, title and interest in the Service and any content contained herein is the exclusive property of CallRoot, except as otherwise stated. Unless otherwise specified, this Service is for Your personal and limited commercial use only and You may print, copy and download any information or portion of the Site for Your personal use only. If You copy or download any information or software from this Site, You agree that You will not remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without CallRoot’s prior written approval. All trademarks, trade names, service marks and logos are proprietary to CallRoot. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by CallRoot, is strictly prohibited.

12. Content License

You grant CallRoot a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that You have as the copyright owner in any content or feedback that You provided to us.

13. Disclaimer

The materials on CallRoot’s web site are provided “as is”. CallRoot makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CallRoot does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Since the CallRoot Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the CallRoot Service should not be used with any third-party services or devices such as monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices.

14. Limitations of Liability

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.

YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NO EVENT WILL THE COLLECTIVE LIABILITY OF CALLROOT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. Any cause of action You may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

15. Revisions

The materials appearing on CallRoot’s Site may include technical, typographical, or photographic errors. CallRoot does not warrant that any of the materials on its Site are accurate, complete, or current. CallRoot may make changes to the materials contained on its Site at any time without notice. CallRoot however, makes no commitment of any kind to update the materials.

16. Assumption of Risk

You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While CallRoot has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, CallRoot is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. CallRoot shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

17. Your Responsibility to Protect Data and Password

It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying CallRoot of any unauthorized use of Your account, or breach of Your account information or password. CallRoot will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify CallRoot about unauthorized use of Your account or breach of Your account information or password.

18. Links

The Site may include links to certain website, materials, or content developed by third parties. CallRoot has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CallRoot of the Site. Use of any such linked website is at Your own risk. CallRoot reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.

19. Enforcing Security

Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.

20. Compliance with Laws

You will use the CallRoot Service in full compliance with all applicable laws and regulations with regard to Your use of the Service including, without limitation, US federal laws, individual state laws, international laws and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a third-party telecommunications provider. If necessary and in accordance with applicable law, CallRoot will cooperate with local, state, federal, and/or international government authorities to protect its Site, Materials, Content, Services, Accounts, visitors, customers, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of its Site, Materials, Content, Services and Accounts.

21. Indemnity

You will indemnify and hold CallRoot, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement, Your violation of any law, or the rights of a third party.

22. Termination of License

CallRoot may terminate Your right to use the Service with or without cause at any time, including when we feel that You are taking advantage of unlimited call redirection offered under a paid plan. We would consider “taking advantage” to be the breach of any point of CallRoot’s Fair Use Policy set above. You may also terminate this Agreement at any time directly from Your CallRoot account. Termination of this Agreement becomes effective at the end of the ongoing billing cycle.

Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Service as set forth in the Section Pricing & Billing shall survive such termination, and You agree to be bound by those terms.

23. Governing Law

Any claim relating to CallRoot’s site shall be governed by the laws of the state of Delaware without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court located in the county of Boston, state of Massachusetts and the parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.

24. Waiver of Jury Trial

Each of the parties waives its rights to a trial by jury of all claims or causes of action (including counterclaims) related to or arising out of this agreement brought by either party against the other. This waiver will apply to any subsequent amendments of or modifications to this agreement.

25. No Class Actions

All claims between the parties related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.

26. Waiver of Compliance of this Agreement

Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.

Any and all waivers by CallRoot of any provision, condition or requirement of the Agreement will only be effective against CallRoot if it is in writing and signed by an authorized officer of CallRoot, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

27. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, SaaS Labs US Inc. for any third party that assumes our rights and obligations under this Agreement.

28. No Injunctive Relief

In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

29. Contact Information

If you have any questions, concerns, or complaints about our Services or anything found in this Agreement or other agreements with us, please contact us by email to help@callroot.com


SaaS Labs US, Inc
Attn: CallRoot.com Team
3260 Hillview Avenue,
Palo Alto,
CA, 94304
United States
help@callroot.com
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.