The following terms of service (“TOS”) shall govern any understanding between CertiCall LLC (“Service Provider” or “we” or “us”) and a subscriber (“Client” or “You”) pursuant to any legal agreement (“Subscriber Agreement”) entered into between you and us with respect to our providing certain certified phone call and personal recording services (“Service”) to you. “Client” or “You” refers to the individual who registered with us and/or provided us his or her credit card or other payment mechanism for the Service, or, if an individual is purchasing the Service on behalf of an entity authorized to purchase the Service on behalf of such entity, then “You” refers to such entity, or if you are a participant to a Certicall who has not registered. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Service Provider to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to any Subscriber Agreement. Nothing in these TOS shall be construed to convey to you any interest, title, or license in a username created by you in the course of registration and use of our Services. These TOS are provided for informational purposes only until such time as they are incorporated by reference into any Subscriber Agreement entered into between you and us. Service Provider reserves the right to modify these TOS anytime at its sole discretion.
You may access our Service, which is more fully detailed on our website, on a non-exclusive basis by initially registering certain unique identification and financial information with us, thus creating a Subscriber Account. You agree to these TOS by creating such a Subscriber Account and using our Service and by clicking a box, where such a box is made available to you, upon registration that indicates you agree to these TOS. You must be at least eighteen (18) years of age and legally competent to agree to these TOS. You may use the Service only while you are a Client in good standing who subscribes to the Service, a registered participant in a free trial of the Service, or a non registered participant to a Certicall. Unless otherwise specified by us or by another express agreement with us to the contrary, your right to access or use the Service terminates on the earlier of (a) the date which is the last day of the billing cycle for which the last Service prepayment for the Account has been received by us, or (b) the date on which any charge or fee, or other balance due under the Account, is past due and we determine, in our discretion, to terminate the Account or suspend the Service, or (c) any other date upon which we have the right to terminate the Account or suspend the Service as provided in any Subscriber Agreement or any other applicable agreement or policy.
We reserve the right to modify or change these TOS at any time at our discretion and recommend that you review the TOS on a regular basis. A change will take effect immediately on posting on our website. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if we make a change to the TOS that materially impacts your use of the Service, we may provide prior notice of any such change in our sole discretion. If you do not agree to any such change, you must cease accessing and using our website. You may provide notices to us by email to firstname.lastname@example.org or in writing pursuant to the terms of Notices set forth below.
Upon completing the registration process for a Subscriber Account, you may select or we will assign to you an account identification designation and username and you will be required to select a website password and telephone PIN Code. You agree that you are responsible for keeping your password or PIN code confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Subscriber Account. In the case of any unauthorized use of your account, password or PIN, you agree to immediately alert CertiCall. You have the ability to change your password or PIN at any time through your online account. You agree to hold CertiCall harmless in the event of a breach to your account due to loss or compromise of a password or PIN. During registration, each Client must submit and maintain current and accurate contact information, including a working e-mail address and telephone number, and any inaccuracy therein shall be grounds for Account termination. We may distribute notices and other important information to Clients to such e-mail addresses, or by publication on our website, by transmission through the Service, or by communication sent by mail, e-mail or text message to the Client’s contact information on record with us. You agree that we may charge to your credit card or other payment mechanism selected by you all amounts due and owing for the Service. Charges will fall into two categories: Monthly Subscription charges and Optional Usage charges. Monthly Subscription charges equals the amount associated with the plan that you have selected and entitles you to continued service and bundled minutes. Optional Usage charges are charges that you incur for additional minutes of use over and above your bundled allotment, transcription charges, ID verification charges, extended storage or other requested services. Optional Usage charges may be billed at your time of purchase or aggregated in a cumulatively monthly charge, at our discretion. You may purchase additional minutes through your account management. In the event that you exhaust allotted minutes during an in progress call, we will automatically charge your credit card for an additional five dollars and credit your account with the applicable number of purchased minutes under your plan. Purchased minutes roll over from month to month and are used before plan minutes are. We may change prices at any time without prior notice, but we will use our best efforts to provide notice in a timely manner via website, your online account and/or email prior to such changes taking effect. You agree that in the event that we are unable to collect the fees owed to us for the Service, we may take other steps as we deem necessary to collect such fees and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including interest, collection fees, court costs and fees of legal counsel.
You are obligated to pay all subscription fees necessary to keep your account in good standing by the due dates determined by CertiCall. If you participate in a free trial you will subscribe to a continuing monthly service unless you cancel. CertiCall reserves the right to limit the number of free trial or other memberships. Free Trial memberships do not include ID verification or transcriptions. You give CertiCall permission and approval to verify your credit if appropriate. CertiCall will cancel monthly recurring or yearly automatic billing on any account at customer request and reserves the right to terminate membership at anytime for any reason. To cancel your account visit your online account under “Account” or send an email to email@example.com and specify your requested cancellation date, and allow three business days for processing. Your service will be active up to and including the last date of the billing cycle for which subscription has been prepaid, or for any free trial period. All prepaid fees and charges are non-refundable and there are no refunds or credits for partially used periods. All optional features, including transcription, will be billed as provided in your subscription plan option. CertiCall reserves the right to change subscription fees at its discretion. In this event, prior written notice via our website, your online account and/or email will be given. If you do not agree to the fee structure, you may cancel your subscription without penalty. You agree to allow CertiCall to store credit card or other payment information necessary to process your subscription payment. You may update stored payment information at anytime through your online account. If you identify a billing error please contact firstname.lastname@example.org and a CertiCall agent will contact you promptly to resolve any issue you have identified. Should you prefer to contact us by mail, our address is 605 Lincoln Rd., Suite 215, Miami Beach, FL 33139. Our phone number is 1-800-CertiCall and we operate during normal business hours, Mon – Fri, 9am to 5pm.
While the Service is designed in part to promptly forward voice recordings to a number of recipients, it is intended for general business, organizational, legal and personal use and may not have the capacity to deliver messages of an emergency nature on an immediate basis. Accordingly we strongly recommend that alternative methods, specifically intended for mission critical or emergency services usage, be used, rather than the Service, to deliver emergency messages of any urgent, public safety or similar nature. You agree that Service Provider has no liability to you arising out of or related to any such use and indemnify Service Provider for any claim or liability, and all resulting costs, damages, and expenses (including reasonable attorney’s fees and expenses) arising out of your specific use of the Service for such purposes.
Service Provider is offering its Service to you solely as a tool to record, archive, and substantiate oral conversations conducted by you in a phone call with other parties or as a personal recording medium. In as much as agreements involve matters of intent, and present varied mixed questions of fact and law, we make no guarantee or assurance as to the enforceability of such recorded phone calls as a legally binding agreement between you and other individuals that are a party to the recorded phone call in all jurisdictions of the Unites States. Use of our Service is solely at your discretion and our providing such Service should not be construed as providing legal advice or guidance. As with any legal agreement, we advise you to consult with a qualified attorney as to the validity or suitability of the certified recording for use in any personal, business or legal matter or proceeding.
The laws associated with recording phone calls between multiple parties are complex and vary from state to state and at the federal level. Some jurisdictions require two-party (or multiple party) consent for a phone call to be recorded while others have held that one-party knowledge of the recording is sufficient. We require you to comply with all applicable laws in the jurisdictions in which you intend to use the Service as a condition for use of the Service. In order to avoid possible confusion in this matter, we have integrated an upfront mutual party affirmative consent requirement into the Service for two or more party phone calls. Circumventing this mutual affirmative consent requirement is a violation of these TOS.
Service Provider’s system is structured to record the desired elements of a phone call or personal recording and upon completion of that recording archive it in a secure fashion with a time and date stamp, as well as a unique reference number. The archived recording is designated as an “original recording” and is stored in a separate secure server for the subsequent purpose of validating the content of the recording as tamper free, if such a validation is ever necessary on your behalf. A copy of that recording, designated as the “working” file is made available to you for downloading, forwarding to one or more parties or for listening purposes by you or a designated third party. We bear no responsibility for the integrity of working copy files once they have been downloaded by you or sent to third parties on your behalf. Once an original recording is archived, we maintain that original recording for up to one year provided that you remain a Client in good standing and have sufficient storage space available to you. We reserve the right to delete original archives for any account that has been terminated. Your service options may include the ability to extend the period of storage for additional fees. You have the capability of deleting working copy recordings at your discretion. However, we strongly recommend that you review laws and statutes relating to deletion of such recordings (or consult with your attorney) if your intent was to use the recording as a basis for a contract or oral agreement with another party before any such deletions occur. For example, electronic signature laws typically require that a party that intends to rely on an electronic record of an agreement must provide access to that electronic record to other parties of that agreement. We also recommend that you make a personal copy of any recording that you intend to delete. We will make access to an original recording available to you (during the allowed archived period) if you have accidentally deleted files or changed your mind with respect to deleting files, for a fee. Prior to deleting original files after the term of archive has expired or if you cancel your subscription with us, we may notify you by email or through your online account in advance of deleting an original recording. You may then have the option of extending the archive period for a fee pursuant to certain payment plans offered by us. We will provide access to archived recordings to anyone who is a call participant within the allowed one year archive period, and non-members may incur a fee for retrieval. We will not provide access to any third party who is not a call participant without your express written permission, with the exception of a validly issued court order or subpoena. Our ability to securely archive and store recordings relies upon, among other things, competent personnel, secure facilities, standard hardware and custom software integrations. While we reasonably believe that such resources currently available to us will more than adequately serve the purpose to which they have been provided, they are subject to certain errors or failures normally associated with commercial hardware and software systems. We make no specific warranty or guarantee that the recording of a phone call or archiving of any recording will be error free or failure free during the course of any subscription. Our recording and archiving services are provided on a “best efforts” basis only. CertiCall assumes no responsibility or liability for the failure to store or transmit your account content, or for the deletion of this content.
CertiCall automatically provides access to call recordings to every subscriber irrespective of who initiated the call. In order to comply with electronic signature laws, CertiCall will also offer non-member participants access to those CertiCall recordings. The offer typically will be provided immediately following the conclusion of a Certicall by either phone, text message or email. You expressly authorize us to carry out this function.
Client acknowledges the importance of strict compliance with the laws, statutes, and regulations of the jurisdictions in which it intends to use our Service. Client further acknowledges that Service Provider relies upon the responsible actions, representations and reliable information provided by Client in the performance of its obligations under any Subscriber Agreement entered into between you and us. Client agrees to indemnify Service Provider for all losses (including reasonable attorney fees) that may devolve to Service Provider as a consequence of willful misconduct by you or by false, misleading, or erroneous information provided to us by you.
The brand names, domain names, slogans, trademarks, service marks, designs, and logos used on the CertiCall Website or in conjunction with the Service, including without limitation CertiCall® (collectively, the “Intellectual Property Rights”) are owned by CertiCall LLC and its licensors. You may not save, copy, transmit, publish or otherwise deal in the website or any or all of its contents for any commercial purpose without our prior written permission. If we make any copyright work or trademarks (including our logo, an image of our software interface or any other image), available for downloading on our website for members of the media, you may only download and use that copyright or trademark work for the purposes of illustrating or otherwise referring to our website and our services as part of an on-line or off-line media article and such use must be in good faith, without removal of any intellectual property ownership notice and with appropriate references to our ownership rights.
We recognize and agree we have no legal rights or title to any content generated by you, including your audio recordings, transcripts, personal information, or any intellectual property rights contained therein. We are not required or obligated to protect and/or enforce rights owned by you. All your content is subject to any applicable local, state, national or international laws and regulations. When content violates such laws or regulations, the creation and/or distribution of said content via CertiCall’s services is strictly prohibited. Your participation in submitting ideas or feedback to us assigns to CertiCall all rights, title and interest to such changes or enhancements and all property rights contained therein, including, but not limited to, all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights. You agree that all feedback submitted to CertiCall may be used for press releases, customer testimonials, and as a reference in marketing and sales initiatives by CertiCall. By using audio recordings, you give CertiCall permission to transcribe your audio for purposes of providing text transcripts to you for personal use and/or your distribution. In order to perform certain steps to process your content, CertiCall may transmit or distribute this content by public networks or media or rely on the services of third parties.
You agree to allow any and all affiliates or subsidiaries to work in conjunction with CertiCall so that we may provide you with services. We and our affiliates and subsidiaries reserve the right to access your account content as necessary in order to provide you with CertiCall Services, repair or investigate technical or security issues, provide customer service, process subscription payments, or to cooperate with a legal or governmental request.
If you are using CertiCall during a Beta trial, you agree, understand and accept that there may be some bugs and refinements needed in the system. You understand that during this beta trial, registration may be limited to certain select individuals who may also be asked for feedback or to participate in surveys in order to improve our services.
You are responsible to provide the equipment necessary to use our service such as (but not limited to) a computer with high speed Internet access and a land-line or cellular phone from a third party provider. CertiCall does not provide these services. CertiCall cannot be held responsible for missed calls, poor quality calls or recordings, dropped calls or inability to access your online account due to third party performance issues. By accepting the agreement, you agree that you will not access content, data, or accounts for which you have no authorization; you will only use the CertiCall Service as is permitted by the Agreement and any law, regulation or guideline in appropriate jurisdictions; you will not attempt to gain unauthorized access to other computer systems; you will not copy, duplicate, reproduce, trade, sell, resell, market, publish or exploit any services or elements of the CertiCall website; you will not act in any way that interferes or disrupts services or equipment necessary to perform our services; you will not access the user interface by any other means other than that provided by CertiCall; you will not attempt to breach security features either through the phone or web or through your online account; you will not try to violate the integrity of our software, system or website an any way that puts CertiCall at risk or in a defensive position. You understand that CertiCall’s transcription service is not software based, rather transcribed by live agents and you agree and understand that your audio recordings will be accessed by these live agents in order to transcribe your audio segments. While CertiCall endeavors for transcription to be accurate, we cannot warrant that transcripts will be completely free from error. Transcriptions may contain unavoidable inaccuracies because of poor phone connections or equipment, unusual slang or regional dialects or unknown or obscure names in your audio recordings. You may report any such error to CertiCall and we will investigate any said error to determine if discrepancies exist. Although CertiCall strives to have recordings returned within forty-eight hours, such transcription may take longer due to unforeseen circumstances. We cannot be held liable for any damage or inconvenience transcription delays may cause.
You acknowledge and agree that Service Provider and/or our licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Software, or any other part thereof, contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
All notices given pursuant to the Subscriber Agreement between you and us shall be in writing sent by certified or registered mail (return receipt requested), overnight express service, by facsimile, or by e-mail addressed to email@example.com All such written notices directed to Client shall be at the email address provided upon registration or modified online thereafter at our website or if to CertiCall LLC, at the current address set forth on our website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; AND (C) ANY AGREEMENTS, UNDERSTANDINGS OR CONSIDERATIONS OBTAINED BY YOU AS A RESULT OF USING THE SERVICE WILL BE HELD LEGALLY BINDING IN ALL JURISDICTIONS IN WHICH THE SERVICE IS PROVIDED. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF SUCH INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SERVICE PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF THE WEBSITE OR THE SERVICE BY ANY PARTY OR YOUR INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THE SERVICE PROVIDER WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SERVICE PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, SERVICE PROVIDER IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE SUBSCRIPTION IN THE LAST THREE (3) MOST RECENTLY PAID MONTHS.
Any Subscriber Agreement between you and us shall be governed in accordance with the laws of the State of Florida, without regard to its conflicts of laws principles. The courts of Miami-Dade County shall have personal and subject matter jurisdiction over all matters arising under the Subscriber Agreement and shall be the exclusive venue for any action arising between you and Service Provider. Any legal action brought pursuant to a Subscriber Agreement shall be brought only in the state or federal courts of Florida and shall be initiated within a period of one (1) year following the discovery, by the party bringing such action, of the event giving rise to the cause of action. You agree to submit to non-binding mediation of any dispute prior to the filing of any lawsuit.
You agree that Service Provider, in its sole discretion, may terminate your use of our website and Service or any part thereof, at any time and for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Subscriber Agreement. You agree that any termination of your access to our website and/or the Services under any provision of any Subscriber Agreement may be implemented without prior notice. Upon termination of this Agreement, your right to use our website will immediately cease. Service Provider shall not be liable to you or any third party for any termination of your access to our Service or website or any part thereof.
Neither you or the Service Provider shall be liable for any default or delay in the performance of its obligations under a Subscriber Agreement entered into between the parties if and to the extent such default or delay is caused by: fire, flood, earthquake, hurricane, tornado, elements of nature or acts of God; riots, civil disorders, terrorist attack/s, act/s of war, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
Our website may provide you with links to external websites or third party resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to our website with or without our authorization. We have no control over the sites that provide links to our website, and you acknowledge and agree that we do not endorse such sites and we are not responsible for any links from those sites to our website, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. You further acknowledge and agree that Service Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which we provide links, or that provide links to our website; or (b) any content, goods, or services available on or through any such sites or resources.
Last updated 10/29/2011
You may review this website for informational purposes only without disclosing any personal information. You may also provide personal contact information so that we may provide you with updates on our activities. We will not collect detailed information about you unless you choose to submit it to us directly. In order to use our services you must become a registered member of CertiCall or be a non registered participant to a certicall. Any information we collect about you remains your property, however, by registering and using our service you specifically grant CertiCall rights to use that information at our discretion for whatever purpose we deem necessary in carrying out our contracted services to you.
The personal information that CertiCall collects about you typically comes from the following sources: 1) information that is received from you, such as information on your account application or other forms, which may include your name, address, telephone number, email address, chosen password and financial information; 2) information associated with transactions, if any, that you may have entered into with CertiCall, our affiliates or other related third parties; and 3) other information obtained about you provided by third parties to make sure that the data provided is both accurate and up-to-date.
CertiCall will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may, from time to time, use your personal information to send you further promotional information about us or related third parties, which we believe you may find of interest and value to you. You have the opportunity to opt out of receiving further communications from us at the time you request preliminary information from us, or sign up for a newsletter or blog on this website. Alternatively, if you initially decide to receive information from us, but at a later date wish to remove your information from our database, you can do so by sending an email to firstname.lastname@example.org and specify that you have an opt-out request and no longer desire to receive any further information or notice from this website.
In connection with setting up your account and utilizing our services, CertiCall may collect your charge card-specific information, as well as other financial account information related to the payment to us for certain services rendered. To the extent that such financial information is collected, we will only use such information to bill you, as previously arranged, for services provided and we may share your financial information with applicable third parties for the sole purpose of effectuating any transitions that you enter into with us.
We are committed to ensuring that the information you provide us is kept confidential and secure and have adopted certain procedures to protect such information. Please be advised that, although we take every reasonable technological precaution available to protect your information, no data transmission over the Internet can be guaranteed to be 100% secure. Any transmission of data at or through our website is at your own risk. However, access to your information is strictly limited to company personnel with a need to access such information, and is not accessible to the public. Our employees are dedicated to ensuring the security and privacy of all CertiCall user information.
CertiCall automatically provides access to call recordings to every subscriber irrespective of who initiated the call. In order to comply with electronic signature laws CertiCall will also offer non member participants to certicalls access to those call recordings. The offer typically will be provided immediately following the conclusion of a certicall by either phone, text message or email. You expressly authorize us to carry out this function.
CertiCall complies with the Children’s Online Privacy Protection Act (COPPA) and does not knowingly collect personal information from anyone under the age of 13. Per our terms of service, registration is limited to individuals 18 and over.
California Privacy Rights – Beginning on January 1, 2005, California Civil Code Section 1798.83 permits clients of CertiCall who are California residents to request certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at our corporate address.