ZOHO VOICE CALL BRANDING - TERMS OF USE

  • 1. The Service

    This Call Branding Terms of Use ("Terms") govern your use of Call Branding functionality offered through Zoho Voice ("Call Branding Service"). We have partnered with First Orion, a third party service provider, to provide the Call Branding Service. In addition to these Terms, your use of the Call Branding Service will be governed by First Orion's Terms.

  • 2. Definitions

    (i) "Call Branding" shall mean the alpha-numeric caller name that will be displayed on the Recipient's device through the Call Branding Service.

    (ii) "Program" shall mean the set of instructions given for each unique purpose of the call, including the number and the content of Call Branding.

    (iii) "Recipient" shall mean any person to whom calls are placed using the Call Branding Service.

    (iv) "Service Providers" shall mean any third party service providers, including but not limited to network service providers who facilitate the provisioning of Call Branding Service.

  • 3. RESTRICTIONS ON USE

    By using the Call Branding Service, you agree that :

    1. you will use the Call Branding Service solely for your internal business purposes;
    2. your Program and your use of the Call Branding Service is in compliance with all applicable laws, rules and regulations including but not limited to Telephone Consumer Protection Act, 1991, Fair Debt Collection Practices Act and Telemarketing Sales Rule and Truth in CallerID;
    3. you will not use the Call Branding Service impersonating any individual or entity or transmit any content that is false, misleading or deceptive, or likely to mislead or mislead any third party;
    4. you will not use the Call Branding Service to market, promote or sell dangerous and/or illegal activities;
    5. you will not use the Call Branding Service to transmit any content that contains any (a) Cardholder Data as defined in Payment Card Industry (PCI) Data Security Standard glossary; (b) Nonpublic Personal Information as defined in GrammLeach-Bliley Act; or (c) Protected Health Information as defined in Health Insurance Portability and Accountability Act, 1996 (HIPPA);
    6. you will not use the Call Branding Service to store or transmit any content that (a) will be considered libelous, slanderous, defamatory, threatening, offensive, abusive, malicious or otherwise harmful or discriminatory to any third party; (b) constitutes or promotes "hate speech" or incite hatred towards any person or group; or (c) contains pornographic and/or obscene content or is unsuitable for minors;
    7. you will not use the Call Branding Service in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, or resource of Zoho or any third party.
    8. you will not use the Call Branding Service to store or transmit any content that contains software viruses, Trojan horses, worms or other harmful computer codes, files, scripts or programs;

  • 4. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

    EXCEPT AS EXPRESSLY STATED IN THE TERMS, THE CALL BRANDING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ZOHO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZOHO EXPRESSLY DISCLAIMS THAT THE PROVISION OF CALL BRANDING SERVICE WILL SATISFY ANY LEGAL OR REGULATORY REQUIREMENT APPLICABLE TO YOU. ZOHO CANNOT GUARANTEE THE DELIVERY, ACCURACY, CONTENT, AVAILABILITY OR PERFORMANCE OF THE CALL BRANDING SERVICE, BECAUSE THE PROVISION OF THE CALL BRANDING SERVICE MAY INVOLVE THE INTERACTION OF VARIOUS SERVICE PROVIDERS.

  • 5. INDEMNITY

    You agree to indemnify, defend and hold harmless Zoho, its officers, employees, directors, Service Providers and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any third party claims that your use of the Call Branding Service is in violation of: i) the Terms; ii) any third party rights; or iii) the applicable laws or regulations.

  • 6. LIMITATION OF LIABILITY

    IN NO EVENT WILL ZOHO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THE TERMS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, OR OTHERWISE, EVEN IF ZOHO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ZOHO'S ENTIRE LIABILITY UNDER THE TERMS SHALL EXCEED THE AMOUNT RECEIVED FROM YOU FOR THE CALL BRANDING SERVICE IN THE LAST TWELVE (12) MONTHS PRECEEDING THE EVENT FROM WHICH THE CLAIM AROSE.

  • 7. SUSPENSION OR TERMINATION OF SERVICE

    Zoho may suspend or terminate your access to the Call Branding Service if (i) Zoho in its sole discretion determines that you have violated the Terms; (ii) Zoho receives instruction from Service Providers to suspend or terminate your access to the Call Branding Service; (iii) any change in Zoho's agreement with the Service Providers precludes or modifies Zoho's ability to provide the Call Branding Service; or (iv) Zoho temporarily or permanently ceases offering the Call Branding Service or Zoho Voice.

  • 8. Price Changes

    Zoho reserves the right, in its sole discretion, to change prices for the call branding service at any time. Zoho will attempt to notify the subscribers of any changes with prior notice.