1. Services Offered by Ryng Labs
Ryng provides users the ability to make, receive and forward voice calls using a phone number provided by a third-party local phone service provider (“Local Phone Service Provider”).
Ryng is not a “dial-tone” provider and is not a replacement for any phone lines, whether wired, wireless or Internet based. The Ryng Service allows You to place outgoing and receive inbound calls through a Local Phone Service Provider, as well as administer and manage Users for your phone system.
PLEASE NOTE THAT EMERGENCY CALLS SHOULD BE PERFORMED FROM YOUR LOCAL PHONE SERVICE PROVIDER (FIXED OR MOBILE) IN CASE OF NECESSITY.
Because the Ryng Service relies on Your third-party internet service provider, Local Phone Service Provider and local network setup for Users and Administrators, any limitations, incorrect settings, incorrect configuration or bandwidth constraints in those services will also limit the manner in which You can use the Ryng Service.
2. Quality and maintenance
Ryng will use reasonable endeavors to provide the Ryng Service with minimum disruptions outside of regularly scheduled maintenance windows. However, Ryng cannot guarantee that the Service will always function without disruptions, delay or other imperfections. Since the Ryng Service will be used in conjunction with Your Local Phone Service Provider and calls are transmitted through public internet lines and the public switched telephone network, there may be power outages or internet service disruption and You may experience some disruptions e.g. packet loss, jitter and latency which will interfere with the quality of Your communications.
Ryng may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. Ryng may also have to repair, improve, and/or upgrade the Ryng Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time in our sole discretion.
3. Limited License
Ryng grants You a limited, revocable, non-exclusive, non-transferable license to use the Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.
You agree not to resell the Service.
You may not modify, reverse engineer, decompile or disassemble any part of the Service.
You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of Ryng.
You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others.
You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.
You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights.
You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law any jurisdiction.
Any such forbidden use shall immediately terminate Your license to the Service.
4. Use of Ryng
You will not use the Ryng Services is any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including:
to violate any law, regulation or other published policy;
to violate or infringe on intellectual property, privacy, or rights of another;
to violate any agreement, rules or policies that govern the use of Your mobile device;
to transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
to transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
to sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Ryng account;
to stalk, harass, or harm another individual;
to impersonate another, misrepresent or falsely identify Yourself.
to violate any applicable third party policies or requirements that Ryng has communicated to You.
to engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems
to engage in spamming or other unsolicited advertising, marketing or other activities in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls or voicemails.
You and Your Administrators may appoint additional Administrators of Your Ryng account, and each Administrator shall be required to accept and agree to this Agreement. You shall procure that all Administrators read, agree to and comply with this Agreement and You shall be responsible for any breach of the Terms by such Administrator(s).
5. Pricing and Billing
At time of registration, Ryng will collect Your credit card information and You authorize Ryng to charge and/or place a hold on Your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
You authorize Ryng and/or any other company acting as billing agent for Ryng to charge Your credit card on a recurring monthly basis on the monthly anniversary of Your initial registration for a paid Ryng plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
You will provide Ryng and/or any other company acting as billing agent for Ryng with updated credit card information upon Ryng’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Ryng is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.
Monthly fees will be charged directly to the credit card you provide to us. By using the Service You accept that prices may fluctuate from month to month, based on number of users published to Your Service the previous month, and agree to pay all charges due.
Monthly per user licenses for Your Ryng Service are billed and charged in arrears, and based on the number of users which were published within Your Ryng Service for that previous month. There is no proration of such charges if Service or Users are terminated other than the last day of Your billing cycle. You agree to pay for all Ryng Services.
If Your services through Your Local Phone Service Provider are terminated, it is Your responsibility to terminate Your Ryng Service and You agree to pay for all charges through that billing cycle.
6. Fair Use Policy
Ryng only provides the administration and management of Your Ryng Service. Please refer to the Fair Use Policy of your Local Phone Service Provider.
7. Proprietary Rights
All right, title and interest in the Service and any content contained herein is the exclusive property of Ryng, except as otherwise stated. Unless otherwise specified, this Service is for Your personal and limited commercial use only and You may print, copy and download any information or portion of the Site for Your personal use only. If You copy or download any information or software from this Site, You agree that You will not remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without Ryng’s prior written approval. All trademarks, trade names, service marks and logos are proprietary to Ryng. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Ryng, is strictly prohibited.
8. Content License
You grant Ryng a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that You have as the copyright owner in any content or feedback that You provided to us.
You grant Ryng permission to use your company logo on our Site and other print material to identify yourself as a registered user of the Service and for advertising purposes.
The materials on Ryng’s web site are provided “as is”. Ryng makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Ryng does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Since the Ryng Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the Ryng Service should not be used with any third-party services or devices such as monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices.
In no event shall Ryng or its suppliers be liable for any consequential, indirect, special, punitive or similar damages, including loss of data or profit, or business interruption, arising out of the use of, or inability to use, the Service, even if Ryng or an Ryng authorized representative has been notified orally or in writing of the possibility of such damage.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RYNG OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. Any cause of action You may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.
The materials appearing on Ryng’s Site may include technical, typographical, or photographic errors. Ryng does not warrant that any of the materials on its Site are accurate, complete, or current. Ryng may make changes to the materials contained on its Site at any time without notice. Ryng however, makes no commitment of any kind to update the materials.
12. Assumption of Risk
You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While Ryng has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, Ryng is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Ryng shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
13. Your Responsibility to Protect Data and Password
It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying Ryng of any unauthorized use of Your account, or breach of Your account information or password. Ryng will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify Ryng about unauthorized use of Your account or breach of Your account information or password.
The Site may include links to certain website, materials, or content developed by third parties. Ryng has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ryng of the Site. Use of any such linked website is at Your own risk. Ryng reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
15. Enforcing Security
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.
16. Compliance with Laws
You will use the Ryng Service in full compliance with all applicable laws and regulations with regard to Your use of the Service including, without limitation, US federal laws, individual state laws, international laws and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a Local Phone Service Provider. If necessary and in accordance with applicable law, Ryng will cooperate with local, state, federal, and/or international government authorities to protect its Site, Materials, Content, Services, Accounts, visitors, customers, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of its Site, Materials, Content, Services and Accounts.
You will indemnify and hold Ryng, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement, Your violation of any law, or the rights of a third party.
18. Termination of License
Ryng may terminate Your right to use the Service with or without cause at any time. You may also terminate this Agreement at any time directly from Your Ryng account. Termination of this Agreement becomes effective at the end of the ongoing billing cycle.
Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Service as set forth in the Section Pricing & Billing shall survive such termination, and You agree to be bound by those terms.
19. Governing Law
Any claim relating to Ryng’s site shall be governed by the laws of the state of Colorado without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court located in the city of Denver, state of Colorado and the parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.
Each of the parties waives its rights to a trial by jury of all claims or causes of action (including counterclaims) related to or arising out of this agreement brought by either party against the other. This waiver will apply to any subsequent amendments of or modifications to this agreement. All claims between the parties related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.
21. Waiver of Compliance of this Agreement
Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.
Any and all waivers by Ryng of any provision, condition or requirement of the Agreement will only be effective against Ryng if it is in writing and signed by an authorized officer of Ryng, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
22. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, Ryng, Inc. for any third party that assumes our rights and obligations under this Agreement.
23. No Injunctive Relief
In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
24. Contacting Users
By using Ryng Services, You agree that we may contact You, or Your Users, via voice call, text message or other electronic medium. In the event that any information You have provided to Ryng changes, including but not limited to, e-mail or address, You agree to promptly update Your information.