Effective Date: November 30, 2022
Icon Digital LLC
1409 Coachman Drive
Waxhaw, NC 28173
When you wish to purchase and use certain Services offered on the Site, you must create a member login by providing the complete and accurate information requested. You will also be asked to provide a user email and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user email, or password of someone else at any time. You agree to notify Company immediately in the event of any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
3.1. SERVICES OFFERED. Company may make certain services available to you on the Site (the "Services"); specifically, web-based interface phone and SMS communication services for measuring marketing campaigns, improving customer service, and improvising sales performance, among other services (see a complete description of the Services on the Site). Your use of the Site and/or Services shall be referred to herein as, without limitation, the "Services", your "use of Services", and your "participation in Services", including all derivatives. Services described on the Company website may not be available in all countries or regions of the world.
3.2. PHONE NUMBERS. Company will use commercially reasonable efforts to obtain the telephone numbers requested. Company will also use commercially reasonable efforts to initiate and complete port requests. Customer acknowledges that if Services are suspended or terminated due to non-payment, late payment, or breach of these Terms, Customer may not be able to obtain the same phone numbers should Services be reactivated. Customer acknowledges that Company may need to change the telephone numbers assigned to the Customer for any reason.
3.2.1. ACTIVATION. Certain countries, by law, require local address validation. Due to this requirement some numbers may not be immediately activated. Company will prompt Customers before purchasing a number if address validation is required.
3.3. CALL RECORDING SERVICES. Company makes available technology that offers you the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, Company will, at your discretion, create a digital audio recording of the telephone call. The laws regarding the notice and notification requirements of such recorded conversations vary by jurisdiction. You are responsible for complying with the local laws in the relevant jurisdiction when using this feature. Company provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded. If you choose to record telephone calls, you expressly agree and acknowledge that (a) you authorize Company to make incoming call recordings on your behalf, (b) you either (i) authorize Company to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call; OR (ii) make the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of an call in accordance with the law; (c) you must notify your employee, contractor, officer, agent, authorized representative or other third party that their telephone conversation with a caller is being recorded by Company; and (d) Company will not be liable whatsoever for any use made by you, your employee, contractor, officer, agent, authorized representative, or other third party, of the recordings and its contents, and/or of any personal information disclosed.
3.4. VOICEMAIL SERVICES. Company provides optional voicemail services, which may include premium transcription services. In order to provide transcriptions services, Company may utilize third-party transcription providers. If you wish to opt-out of voicemail transcription services, please contact our support team at the contact information below.
3.5. CALL TRANSCRIPTION SERVICES. Company makes available technology that offers you the ability to transcribe a conversation on incoming telephone calls and voicemail messages (if you request so). When a call party initiates a call to a tracking phone number, we will, at your discretion, create a digital audio recording of the telephone call, transcribe the call (possibly utilizing third-party transcription providers), and display the transcription to you.
3.6. MODIFICATION. Company may modify or change the features and functions of the Services at any time, however, we will not materially decrease the overall functionality of the Services. Company will use reasonable efforts to provide advanced notice to Customer prior to a material change in Service and will provide information required for Customer to continue using the Services.
3.7. PORTING. Customers are allowed to port numbers away from Company. It is the Customer’s responsibility to complete a port away request with the winning carrier and release the associated tracking numbers from their account.
3.8. SUSPENSION OF SERVICE. Company may suspend the Services at any time and in our sole discretion upon notice to you for cause for any of the following:
In the event of Suspension of Services you remain responsible for the Fees as defined below. Additionally, Company will have no liability for damage, liability, loss of data, loss of profits, or any other hardship caused by the suspension of service.
Service Fees may be refundable only within the first thirty (30) calendar days of service. Overage fees, including additional phone numbers and minutes not included in your plan, are not refundable under any circumstances whatsoever.
The Site may contain copyright material, trademarks, and other proprietary information of Company, including, but not limited to, text, graphics, logos, button icons, images, and audio and video clips ("Company's Intellectual Property"). The collection, arrangement, and assembly of all Company's Intellectual Property on the Site is the exclusive property of Company. Any trade names or trademarks of Company may not be used in any manner that is likely to confuse consumers or harm Company. Without limitation, all other trademarks, product names, and company names on the Site are the property of their respective owners.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of the Site, Services, or a user's access to the Site or Services in the event of the infringement on the rights of Company or of a third party, or the violation of any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company at:
Icon Digital, LLC
8.1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account on the Site. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
You further represent and warrant that your collection and use of your customer's personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, state, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of your customer's personally identifiable information or technical data; including but not limited to the California Consumer Privacy Act/California Privacy Rights Act (“CCPA/CPRA”); the General Data Protection Regulation (“GDPR”); Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM"); the Telephone Consumer Protection Act ("TCPA"); the Children’s Online Privacy Protection Act (“COPPA”); the Gramm-Leach Bliley Act (“GLBA”); the Healthcare Insurance Portability and Accountability Act and Health Information Technology for Economic and Clinical Health Act (together “HIPPA”); and the Personal Information Protection and Electronic Documents Act ("PIPEDA") (collectively "Privacy Laws and Regulations"). Failure to comply with Privacy Laws and Regulations may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability.
You grant Company a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services; (g) launching or facilitating a Denial of Service attack on our service or any third parties; (h) using the Services to manipulate phone-based verification systems; (i) promoting or engaging in illegal or fraudulent activities, or any other activities that may subject Company or third parties to liability, damages, and/or violations of the law or danger; (j) harvesting or otherwise collecting information about others without their consent; (k) using strings of numbers as it is unlawful to engage two or more lines of a multi-line business; and (l) sending calls to life-line services, such as hospitals, fire, police, emergency (911) rescue, or utility-related telephone numbers. Any violation of system or network security may subject you to civil and/or criminal liability.
Our Site or Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure including phone calls not being connected, theft or destruction, unauthorized access to, or alteration of your communications.
Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to your or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Site or Services, including, without limitation, any software provided through our Site or Services.
Under no circumstances will Company be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Site or Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR SITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
COMPANY, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE OR SERVICES. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SITE, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY.
OUR SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR SITE OR SERVICES, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
All contents of Site and Services are: Copyright © 2016- www.whatconverts.com. All rights reserved.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Charlotte, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Charlotte, North Carolina necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
This Agreement will be treated as if it were executed and performed in Charlotte, North Carolina, and will be governed by and construed in accordance with the laws of the state of North Carolina without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
21.1. MAINTENANCE AND SERVICE INTERRUPTIONS. Company may from time to time interrupt or otherwise impact Services for routine maintenance. WhatConverts will make commercially reasonable efforts to provide to you reasonable advance notification (via phone, email or other means) of such maintenance. WhatConverts will use commercially reasonable efforts to perform such maintenance in a manner that will not unreasonably interfere with Service.
You authorize Company to monitor and record calls to or from WhatConverts concerning the Services for WhatConverts’ training and quality control purposes, and you are responsible for obtaining the same authorization from your customers and their End Users.
21.2. FORCE MAJEURE. WhatConverts will not be deemed in breach of these Terms, nor any other obligation or implied warranty, for failure to perform arising in connection with circumstances beyond its reasonable control, including but not limited to, fire, flood, storm, strike, lockout or other labor issue, riot, war, rebellion, accident, or other acts of God.
Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose, or permit to be disclosed, the same directly or indirectly, to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Notwithstanding the foregoing, either party may disclose Confidential Information: (a) to its employees, officers, directors, attorneys, auditors, financial advisors, contractors, and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement (and for whom each party is responsible for any breach of this Agreement); and (b) as required by law (in which case, to the extent legally permitted, the receiving party will limit the disclosure to that required by law and provide the disclosing party with prior written notification thereof in order to allow disclosing party the opportunity to contest such disclosure). Neither party will disclose the terms of this Agreement to any third party, except that Icon Digital, LLC may confidentially disclose such terms to actual or potential lenders, investors or acquirers. Receiving party agrees to use the same degree of care that it uses to protect its own confidential and proprietary information to prevent the unauthorized use or disclosure of disclosing party’s Confidential Information, but in no event less than a reasonable degree of care. Promptly after disclosing party’s request, receiving party agrees to return or destroy disclosing party’s Confidential Information; provided, however, that receiving party shall be entitled to retain copies of Confidential Information solely to the extent necessary for purposes of such party’s ordinary course records retention and backup policies and procedures, or to comply with Applicable Law, provided that such Confidential Information is treated as such for so long as it is retained. Each party acknowledges the irreparable harm that improper disclosure of Confidential Information may cause; therefore, the injured party will be entitled to seek immediate injunctive and other equitable relief, in addition to all other remedies, for any violation or threatened violation of this Section.