These terms are specific to the Index software application (the “App”) provided by Licensor, and the terms for your use of the separate services enabled through the App (“Services”). If you downloaded the App from a U.S. App Store or, for desktop versions of Sideline Enterprise, if you identify your country of use as the United States, “Licensor” is Pinger, Inc.
THESE TERMS INCORPORATE BY REFERENCE LICENSOR’S MASTER TERMS OF SERVICE (THE “MASTER TERMS”) AND PRIVACY POLICY. BY ACCEPTING THESE TERMS OF SERVICE, YOU ARE ALSO ACCEPTING THE MASTER TERMS AND PRIVACY POLICY. CAPITALIZED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS DOCUMENT OR THE MASTER TERMS.
Notices
NOTICE REGARDING ARBITRATION
THE MASTER TERMS CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PINGER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
NOTICE REGARDING MESSAGES FROM PINGER
BY ACCEPTING THESE TERMS, YOU AGREE AND HEREBY PROVIDE YOUR CONSENT, THAT LICENSOR MAY CONTACT YOU: (A) BY EMAIL THAT YOU HAVE PROVIDED AND/OR AT THE MOBILE PHONE NUMBER YOU PROVIDED DURING REGISTRATION, BY CALL OR SMS AT THE MOBILE PHONE NUMBER YOU PROVIDED DURING REGISTRATION, AND/OR VIA PUSH NOTIFICATIONS, AND AT YOUR INDEX NUMBER, ABOUT SETTING UP A INDEX ACCOUNT, ABOUT THE STATUS OF YOUR INDEX ACCOUNT, ABOUT THE STATUS OF YOUR SIDELINE SUBSCRIPTION, AND REGARDING INFORMATION PERTINENT TO YOUR INDEX ACCOUNT AND SUBSCRIPTION; AND (B) BY CALL, EMAIL OR SMS, TO SEND YOU MARKETING MESSAGES ABOUT YOUR INDEX ACCOUNT AND SUBSCRIPTION, AND ABOUT LICENSOR’S PRODUCTS AND SERVICES. FOR SMS COMMUNICATIONS TO YOUR WIRELESS PHONE NUMBER PROVIDED BY YOUR WIRELESS CARRIER, YOU MAY OPT OUT OF RECEIVING THOSE MESSAGES. FOR SMS COMMUNICATIONS TO A PHONE NUMBER THAT IS PINGER PROPERTY (AS DEFINED IN THE MASTER TERMS), YOU MAY NOT OPT OUT OF RECEIVING THOSE MESSAGES. FOR EMAIL MESSAGES SENT TO YOUR EMAIL ADDRESS, YOU MAY OPT OUT OF RECEIVING THEM. FOR ANY OPT-OUTS, YOU MAY OPT OUT BY FOLLOWING THE OPT-OUT PROCEDURES IN THE APPLICABLE MESSAGES. FOR PUSH NOTIFICATIONS, YOU MAY OPT OUT OF RECEIVING THEM THROUGH THE SETTINGS IN YOUR DEVICE’S OPERATING SYSTEM. FOR THE PURPOSES OF THIS PARAGRAPH, REFERENCE TO “SMS” SHALL MEAN BOTH SMS AND MMS MESSAGES.
NOTICE REGARDING SUBSCRIPTIONS
INDEX SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR APPLICABLE SUBSCRIPTION IS CANCELED.
CERTAIN SUBSCRIPTIONS MAY OFFER A FREE TRIAL PRIOR TO CHARGING YOUR PAYMENT METHOD. TO AVOID BEING CHARGED, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE FREE TRIAL ENDS.
YOU CONSENT TO ALLOW THE APPLICABLE APP STORE TO CHARGE YOUR CREDIT CARD FOR THE AMOUNTS DUE FOR THE SUBSCRIPTION AND FOR ANY PAID FEATURE, AND TO CHARGE YOUR CREDIT CARD FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED, OR YOU TERMINATE THE SUBSCRIPTION FOR THE PAID FEATURE, AS APPLICABLE.
TO CANCEL A SUBSCRIPTION, YOU MUST CANCEL IT THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP STORE. FOR SUBSCRIPTIONS PURCHASED THROUGH THE APPLE APP STORE, SEE https://support.apple.com/en-us/HT202039. FOR SUBSCRIPTIONS PURCHASED FROM GOOGLE PLAY, SEE https://support.google.com/googleplay/answer/2476088?hl=en.
Wireless Services Charges
You are solely responsible for any fees and costs associated with any wireless voice or data services utilized by the App. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App.
Further, you acknowledge and agree that: (i) your cellular connection may be used for voice functionality of the Inbound Service (as defined in the Master Terms) and that you are solely responsible for cellular usage charges which you incur from use of the Inbound Service; and (ii) your cellular connection may be used for the voice functionality of Outbound Service and that you are solely responsible for cellular usage charges which you incur from use of the Outbound Service.
Phone Numbers
You acknowledge and agree that Licensor or Inbound Provider owns the phone numbers issued to you from the App and that you do not have any rights to transfer the phone number or to use the phone number separate and apart from the App. Inbound Provider, as holder of that phone number as registered with the applicable competitive local exchange carrier (“CLEC”), may reclaim the phone number associated with your account at any time and/or discontinue phone number availability at any time, in each case without liability to you, provided that Inbound Provider will not reclaim the phone number used with Index unless you fail to make payments as required or otherwise violate these terms and conditions, or where reclamation is required by the CLEC or applicable law.
You agree that you shall not: (i) share your use of the phone number associated with your use of Index with a third party through any means, (ii) resell any phone number or subscriptions for any App or Service, (iii) use the App or Service for call center operations, for calling phone numbers to generate income for you or a third party, for programmatic calling, or for unsolicited marketing or faxing or consumer research communications.
Index Features
1. Voicemail transcriptions: Your version of Index may include voicemail transcription capabilities. If so, by using Index, you acknowledge and agree that: (i) Licensor may transcribe or have transcribed by a third party, and store and have stored by a third party, voicemail messages, and to make transcriptions available to you, and that you hereby provide your express consent to the foregoing per the requirements of 18 U.S.C. §2702(b); (ii) Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any transcription errors; (iii) you may not use or copy such features, or any source code or documentation for the same; (iv) you shall not, and shall not allow or enable a third party to, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of those features; and (iii) you shall not, and shall not allow or enable a third party to, disclose or publish any benchmark or performance data regarding international calling features to any third party.
2. International calling: Your version of Index may include international calling features. If so, by using Index, you acknowledge and agree that international calling is enabled through connections between Licensor and third party providers, and that Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any errors, delays, interruptions or failure of international calling features. You acknowledge and agree that international calls are subject to call time and geographic limitations and may be further limited and/or restricted by Licensor and/or Outbound Provider in its or their sole discretion at any time and without notice or liability to you.
3. Index with paid features and Index Enterprise: From time to time Licensor may make available paid versions or paid features of the Index App which include tools that allow you to manage native features of your phone with one of Inbound Provider’s phone numbers dedicated to your account and not subject to reclamation except as provided in the Inbound Terms. Those features are not otherwise available in free versions of Licensor applications. Licensor may also make available account features which allow the use of multiple phone numbers by multiple individuals under one master account (“Index Enterprise”).
a. Subscription Period: The subscription period for Paid Accounts shall be as stated when you elect to establish the Paid Account (“Subscription Period”). The Subscription Period shall automatically renew for additional Subscription Periods of equal duration until you cancel your Paid Account or Licensor terminates your Paid Account.
b. Account Setup: Index Accounts are established by the individual Index Account holder. Licensor may limit, in its sole discretion, the number of Sideline Accounts that a single person or subscriber may establish or use, whether by preventing Account setup, by canceling Accounts, or otherwise. The Licensor identifies members of the group by providing the name for each group member (each a “Group Member”) and other optional information for each Group Member. Each Group Member can then set up his/or her Index subaccount (each a “Group Member Account”) by following the account setup process for Group Members.
c. Subscription Fees. Paid Accounts are subject to fees based upon the account type and number of phone numbers allocated to your Paid Account (“Subscription Fees”). You agree to pay all applicable Subscription Fees. Depending on how you obtained your Paid Account, the applicable App Store or Licensor will charge your credit card the Subscription Fees for the type of account and number of phone numbers you’ve chosen, plus applicable taxes. Where you obtain a Paid Account from Licensor, Licensor or its billing processors collect billing information upon registration for a Paid Account and, as with other registration information, billing information is protected the Privacy Policy. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR SUBSCRIPTION IS CANCELED, OR, IF PURCHASED THROUGH AN APP STORE, YOU CANCEL THE RECURRING SUBSCRIPTION THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP STORE, OR LICENSOR CANCELS YOUR PAID ACCOUNT. IF A FREE TRIAL IS OFFERED FOR THE APPLICABLE APP, YOU MUST CANCEL THAT SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL. For renewals, Licensor will automatically charge your credit card the amount of the then-current fee for your type of account and phone numbers used through your Paid Account, plus applicable taxes. Licensor reserves the right to charge value-added taxes, sales, or other taxes on the Paid Accounts as it deems appropriate, and reserves the right to change prices or institute new charges for access to or use of Paid Accounts at any time (a) upon notice as allowed by applicable law, and, (b) if allowed by application law, upon not less than thirty (30) days’ notice to you, either by (i) posting pricing plan changes on the Licensor website, or (ii) sending information regarding the pricing plan changes to the email address you provided Licensor. You are responsible for regularly reviewing such pricing information. Continued use of Paid Accounts or non-termination of your Paid Account after such notice constitutes your acceptance of the prices as modified. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Licensor shall have no liability to you arising out of the acts or omissions of such third parties. BY CREATING A PAID ACCOUNT YOU CONSENT TO ALLOW LICENSOR, OR THE APPLICABLE APP STORE, TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. IF YOU PURCHASE A SIDELINE SUBSCRIPTION DIRECTLY FROM LICENSOR (IF AND WHEN MADE AVAILABLE BY LICENSOR) UNLESS YOU NOTIFY LICENSOR OF ANY DISCREPANCIES WITH RESPECT TO PAID ACCOUNT BILLING WITHIN SIXTY (60) DAYS AFTER THEY FIRST APPEAR ON YOUR CREDIT CARD STATEMENT, YOU AGREE THAT THEY WILL BE DEEMED ACCEPTED BY YOU FOR ALL PURPOSES. IF LICENSOR DOES NOT RECEIVE PAYMENT FROM YOUR CREDIT CARD ISSUER OR ITS AGENT, YOU AGREE TO PAY ALL AMOUNTS DUE UPON DEMAND BY LICENSOR OR ITS AGENTS. YOU ARE RESPONSIBLE FOR PAYING ANY GOVERNMENTAL TAXES IMPOSED ON YOUR PURCHASES, INCLUDING, BUT NOT LIMITED TO, SALES, USE OR VALUE-ADDED TAXES.
d. Index Enterprise Account Management: [SHOULD IT BE INDEX ENTERPRISE, or should this be removed?] Using the Index Enterprise Account web management console, the Admin maintains exclusive control over the management of the Sideline Enterprise Account, such as adding or removing phone numbers. AS A GROUP MEMBER, YOU ACKNOWLEDGE AND AGREE THAT: (I) THE ADMIN MAINTAINS MANAGEMENT CONTROL OVER GROUP MEMBER ACCOUNTS; (II) THE ADMIN CONTROLS PORTING OUT OF PHONE NUMBERS FOR INDEX ENTERPRISE AND THAT NO GROUP MEMBER MAY PORT OUT PHONE NUMBERS CONTROLLED BY THE ADMIN; (III) THE ORGANIZATION WITH WHICH THE ADMIN IS ENGAGED IS THE HOLDER OF THE GROUP MEMBER ACCOUNT (THE “ORGANIZATION”) AND HAS RIGHTS TO VIEW AND ACCESS CALL DETAIL RECORDS, CONTACT DATA AND OTHER INFORMATION ASSOCIATED WITH GROUP MEMBER ACCOUNTS, AND EACH GROUP MEMBER HEREBY GRANTS THE ORGANIZATION THE RIGHT TO DO SO, AND GRANTS LICENSOR THE RIGHT TO DISCLOSE SUCH INFORMATION TO THE ORGANIZATION UPON REQUEST; (IV) THE ADMIN CAN RETAKE THE PHONE NUMBER ASSIGNED TO YOUR INDEX ENTERPRISE GROUP MEMBER ACCOUNT; AND (V) LICENSOR, OUTBOUND PROVIDER AND INBOUND PROVIDER ARE NOT RESPONSIBLE FOR, AND WILL NOT HAVE ANY LIABILITY TO YOU FOR, ANY ACTIONS TAKEN BY THE ADMIN WITH RESPECT TO YOUR USE OF, OR INABILITY TO USE, INDEX.
e. Appointments. Pinger will enable businesses to share their availability with their customers and to allow their customers to book appointments directly on their calendar. Pinger will also send appointment confirmations and reminders via email.
f. Index Enterprise Account Downgrades: The Admin can downgrade the Sideline Enterprise Account to a regular Sideline account by removing all phone numbers associated with the Sideline Enterprise Account. Downgrades are implemented immediately and there are no refunds of Subscription Fees. IF YOU ARE A GROUP MEMBER, YOU ACKNOWLEDGE THAT YOUR PARTICIPATION AS A GROUP MEMBER, AND YOUR GROUP MEMBER ACCOUNT, CAN BE TERMINATED BY THE ADMIN AT ANY TIME.
g. Cancelation. To cancel your Index subscription, you must cancel the recurring subscription through mechanisms made available by the applicable App Store provider. For subscriptions purchased through the Apple App Store, in the “Settings” feature, tap “App and iTunes Stores,” tap your Apple ID (you may need to sign in), under “Subscriptions” tap “Manage,” tap the subscription you want to manage, and use the options to manage your subscriptions. See https://support.apple.com/en-us/HT202039 for detailed instructions on canceling your subscription. For subscriptions purchased through Google Play, go to payments.google.com, select “Bills and Accounts,” and select the subscription you want to cancel. See https://support.google.com/googleplay/answer/2476088?hl=en for details on canceling your subscription.
IF YOU DEACTIVATE YOUR INDEX ACCOUNT USING THE MECHANISMS AVAILABLE IN THE INDEX APP, THE ACCOUNT BECOMES “INACTIVE” BUT IS NOT TERMINATED. ONCE YOUR ACCOUNT HAS BEEN DEACTIVATED, YOUR INFORMATION WILL BE DELETED.
AND IN ORDER TO TERMINATE YOUR SUBSCRIPTION, YOU MUST CANCEL THE SUBSCRIPTION THROUGH THE APPLICABLE APP STORE AS PROVIDED ABOVE.
4. Porting: Porting is enabled for Index only. By setting up an Index account, you are making a specific request to Licensor to establish a unique, confidential code to enable the porting process to port Inbound Provider’s number associated with your account, with the code only released to you upon a porting request initiated by you. Porting requests may be commenced through the App and, for Index Enterprise, through the Index Enterprise web management console and only by the Admin. For porting in of phone numbers you will be required to provide specific information in order for Licensor to submit the porting request to your carrier. For porting out of phone numbers, you may request a port-out PIN code through the App or, for Index Enterprise, through the Index Enterprise web management console, and then contact the carrier to which porting is to be made. Porting out requires that the number is for a Paid Account, with at least a Subscription Period of one month, or that the number you are porting out is a number that you previously ported into Index, and that you have not previously ported out a number for the Sideline Account or the applicable Group Member of a Index Enterprise Account. You acknowledge and agree that: (i) porting in or out may each be subject to an additional fee as allowed by applicable law and that you shall be required to pay such fees as required by Licensor; (ii) phone numbers belong to the Inbound Provider and are available for porting as a feature of a Paid Account; and (iii) porting is coordinated through Licensor’s local exchange carrier (the “CLEC”), so actual porting is not conducted by Licensor. Porting of phone numbers is subject to involvement, cooperation and consent of third parties, including the CLEC and the carriers from whom or to whom porting is requested. Consequently, porting processes may take considerable time and may not be feasible or allowed, or may be blocked or withheld by third parties and that Licensor, Inbound Provider and Outbound Provider shall not have any liability to you for any actions or failures to act by such parties. AS CONDITIONS FOR YOUR USE OF THE INDEX APP, YOU ACKNOWLEDGE AND AGREE THAT: (I) ANY PORTED OUT PHONE NUMBERS SHALL BE FOR YOUR PERSONAL USE AND WILL NOT BE RESOLD OR SUBLICENSED; (II) ONLY ADMINS MAY PORT OUT NUMBERS FOR INDEX ENTERPRISE ACCOUNTS; AND (III) INBOUND PROVIDER, OUTBOUND PROVIDER, AND LICENSOR SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR THE INABILITY TO EITHER PORT IN OR PORT OUT A PHONE NUMBER, FOR ANY DELAY OR ERRORS IN FULFILLING A PORTING REQUEST, FOR ANY PHONE NUMBER SUBSTITUTION, OR FOR ANY LOSS, COST OR EXPENSE ARISING OUT OF ANY OF THE FOREGOING. IN ADDITION, YOU MAY ONLY PORT OUT A NUMBER IF THE ACCOUNT IS ACTIVE AND THE PHONE NUMBER IS ASSOCIATED WITH THE ACCOUNT AT THE TIME OF PURCHASE. NOTED ABOVE, THESE TERMS OF SERVICE INCORPORATE BY REFERENCE LICENSOR’S MASTER TERMS AND PRIVACY POLICY. BY ACCEPTING THESE TERMS OF SERVICE, YOU ARE ALSO ACCEPTING THE MASTER TERMS OF SERVICE AND PRIVACY POLICY.
Last updated: June 13, 2022