ROBOTALKER's TERMS AND CONDITIONS
Terms agreed upon at time of sign up
READ THE TERMS AND CONDITIONS BELOW CAREFULLY PRIOR CHECKING THE AGREEMENT ACCEPTANCE BELOW. BY DOING SO INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU (The Subscriber) ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES PROVIDED BY ROBOTALKER LLC. IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF THE SUBSCRIBER IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, THE SUBSCRIBER SHOULD PROMPTLY LEAVE THIS WEB PAGE. ROBOTALKER.COM LLC RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
1. GRANT OF RIGHTS TO USE SERVICES.
Effective upon acceptance of this Agreement, RoboTalker hereby grants
to Subscriber a nonexclusive, nontransferable, free-of-charge license to
access and use the Services, for Subscriber's use. Subscriber shall
have no right to sell use of the Services nor make any claim that it does
have such right. The Services will allow Subscriber to perform various
functions sending prerecorded audio/voice/text messages to predetermined
phone numbers. The Service will allow Subscriber to perform various functions
setting up various pre-recorded audio voice messages and menu options that
would allow callers to listen and respond to various voice prompts. Subscriber
is solely responsible for obtaining all equipment and approvals necessary
for connection to the internet and all charges associated with such connection.
All customer identity information will be held in complete confidence.
2. SUBSCRIBER REGISTRATION
The customer agrees that by supplying the exact (discounted) amount of
purchase from their credit card statement at time of sign up that they cannot
request a refund based upon credit card fraud. Customers providing this
information have information only attainable by them, the credit card holder,
and cannot claim credit card fraud AND REQUEST A CHARGE BACK FROM ROBOTALKER.COM.
ALL SUBSCRIBER INFORMATION, UPLOADED PHONE NUMBERS, MESSAGES, DATES AND TIMES OF BROADCASTS WILL BE HELD IN STRICT CONFIDENCE AND NEVER WILL BE SHARED OR USED BY ROBOTALKER.COM LLC OR ANY OTHER COMPANY. THIS INFORMATION IS NOT THE PROPERTY OF ROBOTALKER.COM LLC AND CAN NOT BE SOLD, GIVEN OR SHARED. *NOTE: ALL PHONE CALL AND TEXT MESSAGE HISTORY WILL BE ERASED 12 MONTHS AFTER CREATION.
WE DO NOT PROVIDE EU COMPLIANT DATA STORAGE BASED OR ANY INTERNATIONAL DATA STORAGE STANDARD. BY AGREEING TO THESE TERMS BY CHECKING THE BOX YOU ARE ACCEPTING THAT WE WILL NOT COMPLY WITH YOUR LOCAL COUNTIES DATA STORAGE RULES, GUIDELINES OR REGULATIONS. WE DO ENCRYPT ALL CREDIT CARD AND PERSONAL USER INFORMATION IN OUR SYSTEM FOR MAXIMUM DATA SECURITY AS PART OF OUR SERVICE. WE CAN DELETE YOUR HISTORICAL DATA AT ANY TIME WITHOUT NOTICE.
Subscriber will provide all relevant data to RoboTalker upon signing up for the Services and at subsequent times as requested by RoboTalker. RoboTalker will NEVER use or distribute any registration data, phone numbers, or any related information to third parties. All telephone numbers are strictly confidential and can be erased by users or by us upon request. Phone numbers, names, message history will never be used by RoboTalker or provided to any other organization, person of company.
Subscriber agrees to provide and maintain true, accurate, current and complete information about himself/herself or corporation. Subscriber shall update the registration data as applicable to keep current. Upon completion of all registration information and acceptance of this Agreement, Subscriber will establish a user name and password to be used for portal access. Subscriber is solely responsible for maintaining the confidentiality of Subscriber's user name, password, Mailbox Numbers and Personal Identification Number (PIN). Subscriber shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that originate from Subscriber's account. Subscriber shall immediately notify RoboTalker if any unauthorized use of Subscriber's account has occurred or of any other breach of security. Please refer to our Privacy Policy for more details. Subscriber understands and agrees that Subscriber and, if applicable, Subscriber's company will assume all financial responsibilities for use of RoboTalker services originating from Subscriber's account by Subscriber or others.
3. ROBOTALKERS'S RIGHTS
RoboTalker shall retain all right, title and interest to the Services
including all copyrights, trademarks and all other intellectual property
right there to. Subscriber may not, nor allow any third party, to copy,
distribute, sell, disclose, lend, transfer, convey, modify, decompile,
disassemble or reverse engineer the Services and no use of trademarks is
granted under this Agreement. The copyright notices and other proprietary
legends shall not be removed from the Services and no use of trademarks
is granted under this Agreement. Subscriber may not grant any sub-license,
leases or other rights in the Services to any third party. All rights not
expressly granted under this Agreement are retained by RoboTalker.
4. TERMINATION
Either party may terminate this Agreement upon notice to the other party.
RoboTalker reserves the right to suspend, deny or terminate Subscriber's
service if RoboTalker, at its sole discretion, believes Subscriber is using
or plans to use RoboTalker services in a manner
that is unlawful, abusive, or harassing by making calls or text messages to a politician's office,
police stations, public servants of any kind or their staff, personal or home phone numbers,
is strictly prohibited
by the RoboTalker's Terms of Service or if Subscriber's use or
planned use of RoboTalker services creates or could create a potential
adverse impact to RoboTalker's ability to provide service to others.
Upon termination, Subscriber shall immediately cease to use the Services
and RoboTalker shall have no further obligations whatsoever to Subscriber.
RoboTalker shall not be liable to the Subscriber or any third party for
any reason for RoboTalker terminating this Agreement.
5. LIMITATION OF LIABILITY
In no event shall RoboTalker be liable to Subscriber or any third party
for special, indirect, incidental or consequential damages whether arising
under contract, warranty, or tort (including negligence or strict liability)
or any other theory of liability. RoboTalker's liability for damages,
regardless of the form of the action, shall not exceed the $100 dollars
paid by Subscriber for the Services, if any. The limitation of liability
reflects the allocation of risk between the parties. The limitations specified
in this Section will survive and apply even if any limited remedy specified
in this Agreement is found to have failed of its essential purpose.
6. WARRANTY DISCLAIMER
The Services licensed hereunder are licensed "as is" and "as
available" and RoboTalker makes no warranties, express or implied,
including but not limited to the implied Warranties of merchant ability
and fitness for a particular purpose and any similar warranty whether said
warranty arises under provisions of any law of the United States or any
State thereof and any Country and any province thereof. RoboTalker makes
no representations or warranties that the services are free of rightful
claims of any third party for Infringement of proprietary rights. The entire
risk associated with the use of the Services shall be borne solely by Subscriber.
RoboTalker makes no warranty that the Services will meet Subscriber's
requirements, or that the Services will be uninterrupted, timely, secure,
error free or that any defects in the Services will be corrected. RoboTalker
Text Messaging service is a nonrefundable, nonreturnable, non-exchangeable
prepaid service. All purchases are final. Unused balances are nonrefundable.
(see section 7. RETURN POLICY) Additional call charges are billed the day
following the call charges are incurred. Calls are billed in Call UNITS
and not minutes. RoboTalker does not make any warranty pertaining to any
goods or Services purchased, obtained, secured or acquired through the
Services or any transaction entered into through the Service. RoboTalker
does not warrant the accuracy or reliability of the results obtained through
use of the Services or any data or information downloaded or otherwise
obtained or acquired through the use of the Services. Subscriber acknowledges
that any data or information downloaded or otherwise obtained or acquired
through the use of the Services are at Subscriber's sole risk and
discretion and RoboTalker will not be liable or responsible for any damage
to Subscriber or Subscriber's property. Subscriber will not rely on
any representation or warranty implied or expressed by any persons other
than an authorized member of RoboTalker LLC with regards to RoboTalker
products and services.
7. RETURN POLICY
RoboTalker offers a 30 day satisfaction guarantee. This means the following:
if the user can provide proof that (1) any call was not actually delivered
but was reported as delivered and the user's account was debited for
the call or (2) the call was delivered more than the number of times the
phone number appeared in the call list used and the user's account
was debited for the calls, RoboTalker will credit or refund the amount
pertaining to the call(s) in dispute. RoboTalker has 30 days from the date
of the notification of the dispute to resolve the dispute. All disputes
must be in writing and emailed to support@robotalker.com.
8. INDEMNIFICATION FOR PRIVATE LLC'S, INC's AND INDIVIDUALS
With a full EXCLUSION of governmental agencies, all private entities subscribers
shall indemnify and hold harmless RoboTalker, its directors, officers,
employees, consultants, and agents from and against all liabilities, losses,
costs, expenses (including reasonable attorneys' fees), and damages
resulting from any negligent acts, omissions or willful misconduct by Subscriber,
Subscriber's use of the Services and any breach of the terms and conditions
of this Agreement by NON-GOVERNMENTAL Subscriber including any violation
of this agreement by subscriber or any other person using subscribers account
including but not limited to any violation of any federal or state laws
or regulations.
9. MODIFICATION TO SERVICES
During the term of this Agreement, RoboTalker may modify or discontinue
any or all Services. RoboTalker shall not be liable to the Subscriber or
any third party for any reason for RoboTalker ?s modifying or terminating
of such Services. The Subscriber is responsible for creating a back-up
copy of any important or critical information that is stored on the Service
prior to storing on the RoboTalker system.
10. MODIFICATION TO AGREEMENT
RoboTalker may automatically amend this Terms of Service Agreement at
any time by (i) posting a revised agreement on the RoboTalker.com Web site,
and/or (ii) sending information regarding the Terms of Service amendment
to the email address Subscriber provides to RoboTalker.com. Subscriber
is responsible for regularly reviewing the RoboTalker.com Web site to obtain
timely notice of such amendments. Subscribers will be deemed to have accepted
these amended RoboTalker Terms of Service if Subscriber continues to use
RoboTalker service after such amended Terms of Service have been posted
or information regarding such amendment has been sent to Subscriber. Otherwise,
this Terms of Service Agreement may not be amended except in writing signed
by both parties.
11. RULES AND REGULATIONS
Subscriber shall be fully and solely liable for any prerecorded audio,
voice transmissions sent through the Service. RoboTalker has no control
over the content of any transmission or the destination such transmission
will be sent nor will it be liable for such content. Subscriber shall not
use the Services to create or distribute any images, sounds, messages or
other materials, which are obscene, harassing, racist, malicious, fraudulent
or libelous, nor use the Services for any activity that may be considered
or are unethical, immoral, or illegal. Further, Subscriber will abide by
all rules, regulations, procedures and policies of RoboTalker and any policies
of the networks connected to the Services. Subscriber is fully and solely
responsible to be aware of, understand, and comply with all of the rules
and regulations applicable to Subscriber's use of RoboTalker service
including but not limited to Federal Trade Commission rules and regulations,
Federal Communication Commission rules and regulations, National Do Not
Call Registry rules and regulations and individual state Do Not Call rules
and regulations, Controlling the Assault of Non-Solicited Pornography and
Marketing Act, along with any other federal, state or local laws that may
be applicable to subscribers use of RoboTalker service. Subscriber agrees
not to violate these, or any other applicable Federal or State laws and
represents and warrants that subscribers use of RoboTalker will not cause
RoboTalker to violate these or similar laws. Subscriber is fully and solely
responsible to be aware of, understand, and comply with the anti-solicitation
provisions of the Federal Telephone Consumer Protection Act of 1991, and
any amendments thereto, at 47 U.S.C. ? 227, the Federal Communications
Commission's implementing regulations, at 47 CFR ? 64.1200 et seq.,
the Controlling the Assault of Non-Solicited Pornography and Marketing
Act and any other similar laws. Subscriber agrees not to violate these,
or any other applicable federal, state or local anti- solicitation laws,
and represents and warrants that its use of RoboTalker will not cause RoboTalker
to violate these or other similar laws. Subscriber agrees that it is the
sole responsibility of the Subscriber to abide by any laws defined by the
State or Federal Government in which Services will be applicable. Subscriber
understands and agrees that RoboTalker will not be held responsible for
damages to the Subscriber or any third party incurred due to Subscriber's
failure to abide by State and/or Federal laws. Please refer to the Telephone
Consumer Protection Act of 1991, the Controlling the Assault of Non-Solicited
Pornography and Marketing Act, You may visit the Federal Communications
Commission Web site at http://www.fcc.gov and the Federal Trade Commission
Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney
General's office or other applicable offices for telemarketing rules
and or regulations pertaining to your intended application and use of the
Service. Currently there are no numerical limits to the amount of transactions
a Subscriber may send through the Services, however, RoboTalker may set
numerical limits by notifying Subscriber. Subscriber agrees to abide by
all applicable local, state, national and international laws and regulations
and is solely responsible for all acts or omissions that occur under Subscriber's
user name and password, including the content of Subscriber's transmissions
through the Service.
By way of example, and not as a limitation, Subscriber agrees not to:
Use the Service in connection with the delivery or transmission of unsolicited
messages (commercial or otherwise) or spamming with automated calls. Create
a false identity, caller id, or forged email address, or otherwise attempt
to mislead others as to the identity of the sender or the origin of the
message. Impersonate any other person or entity or misrepresent your affiliation
with any other person or entity. Transmit through the Service unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature. Transmit any material
that may infringe the intellectual property rights or other rights of third
parties, including trademark, copyright or right of publicity. Interfere
with or disrupt networks connected to the Service or violate the regulations,
policies or procedures of such networks. Attempt to gain unauthorized access
to the Service, other accounts, computer systems or networks connected
to the Service, through password mining or any other means. Interfere with
another member's use and enjoyment of the Service or another entity's
use and enjoyment of similar services.
12. THIRD PARTY ADVERTISER
Subscribers may enter into transactions with advertisers on the Services.
Such transactions are between Subscriber and advertisers and RoboTalker
has no connection with any such transaction. RoboTalker assumes no liability
for any such transactions.
13. BILLING FOR SERVICES
Pay as you go users:
Subscribers who send text messages will be billed for each SENT message 160 chars, one half a message unit.
Subscribers who send phone calls will be billed, for a COMPLETED to ether a live answer or voicemail, one message unit.
Subscribers who send a "smart sms" will be billed one message unit per each smart sms SENT regardless of the number of images or chars included.
Monthly subscription users:
Subscribers will prepay a fixed flat, monthly fee for the number of DISTINCT phone numbers that are active over the past 30 days.
Subscribers are limited to 4 sms jobs from their contacts numbers per DAY to stop abuse.
Subscribers are limited to 4 phone call jobs from their contacts numbers per DAY to stop abuse.
*Active phone numbers are those that are visible and have been erased in the past 30 days.
14. GENERAL
This Agreement merges all prior written and oral communications and defines
the entire agreement of the parties concerning the Services. In the event
any portion of this Agreement shall be held illegal, void, or ineffective,
the remaining portions hereof shall remain in full force and effect and
such illegal, void or ineffective provisions shall be construed, as nearly
as possible, to reflect the intentions of the parties. All notices under
this Agreement shall be in writing and delivered by email. This Agreement
shall be construed in accordance with the laws of the State of Wyoming
in the United States without regard to its conflict of laws provisions.
RoboTalker and the individual Subscriber and, if applicable, the Subscriber's
company will submit to the jurisdiction of the State and Federal courts
of Delaware in the United States. Subscriber agrees and acknowledges that
any breach of the provisions regarding ownership contained in this Agreement
shall cause RoboTalker irreparable harm and RoboTalker may obtain injunctive
relief as well as seek all other remedies available to RoboTalker in law
and in equity. Subscriber shall not assign its rights under this Agreement.
This Agreement shall be binding on and inure to the benefit of the parties,
their successors, and permitted assigns and legal representatives. The
failure of RoboTalker to exercise its rights under this Agreement will
not be construed as a waiver of such rights, nor will it any way affect
the validity of this Agreement. Sections 5, 6, 7, and 8 shall survive termination
or expiration of this Agreement for any reason.
15. Additional Terms and Conditions for RoboTalker and other automated
calling Services
Subscriber may not transfer, port, sell, assign or make any claim that
it has the right to so with regard to any RoboTalker user's private phone
Number or Account. Subscriber understands that all RoboTalker Additional
call charges and additional text messages charges are billed 24 hours for
additional calls and or text charges are incurred. Excessive additional
calls and text usage is subject to review by RoboTalker. RoboTalker at
its sole discretion reserves the right to offer subscriber an alternative
service plan that would prevent excessive additional calls and or text
usage and reserves the right to place limitations on additional calls and
or text usage. Inbound calls that result in a Live Call Transfer are no charge unless otherwise noted. (included in the cost of the outbound calls)
Subscriber understands and agrees that in the event additional call usage
exceeds RoboTalker at its sole discretion may charge subscribers credit
card for all outstanding charges. In the event that the credit card issuer
(1) declines any charges; or (2) requests return of payments previously
made to RoboTalker, RoboTalker reserves the right to terminate or suspend
service without prior notice. Subscriber's account service including
but not limited to, custom coding, private phone number, Toll Free Number and Urgent
Alert service may be canceled (1) with an phone call notice or cancellation
request by email. All charges for RoboTalker service will be charged
to the credit card number subscriber provided when signing up for RoboTalker
recurring services or the most current credit card number provided by subscriber
for payment of RoboTalker call units. In the event credit card or other
form of payment is denied, RoboTalker may discontinue service immediately.
Payment must be made within 1 business days or service may be terminated
and there is not a cancellation fee. Accounts will stay active and all
message units purchased will NEVER expire after purchase.