This policy applies to the use of all information collected and used by RocketPhone.ai LTD ("Company"). RocketPhone.ai LTD is a company registered in the United Kingdom.
Overview
RocketPhone.ai (the "Service") is a platform for the provision of Telephony and Communication Analytics and Automation to be managed by the Customer and its Users, accessed by Callers. The Service is operated and owned by RocketPhone.ai LTD. These Terms & Conditions, Privacy Policy, Acceptable Use Policy, Service Level Agreement and any additional terms in your order form, constitute the full legal agreement between you (the "Customer", "you" and "your") and RocketPhone.ai LTD ("We", "Our", "Us").
By using the Service or by accepting an Order Form from RocketPhone Ltd, you hereby agree in full to all terms and conditions of this Agreement. If you do not agree, please do not accept an Order Form or use the Service.
1. Definitions
- •Act: the Communications Act 2003.
- •Agreement: this document between Us and You.
- •Application: RocketPhone.ai and any other websites, administration tools or software applications provided by us or our authorised partners.
- •Artificial Inflation of Traffic: unusual call patterns disproportionate to expected usage.
- •Call: a signal, message, voicemail or communication, silent, visual (including text and data) or spoken.
- •Customer Information: any information relating to the Customer's use of the Service.
- •Data Protection Legislation: GDPR (EU 2016/679), the Data Protection Act 1998, the Investigatory Powers Act 2016, the Privacy and Electronic Communications Regulations and all equivalent applicable laws.
- •Emergency Call: a call to emergency services by dialling 999 or 112.
- •Network: the network provided by us or any other third-party network supporting the Service.
- •Service Fee: any charge in respect of the Service levied by us from time to time.
2. Our Obligations
We shall provide the Service to you in consideration for the due and timely fulfilment of the Customer's obligations under this Agreement. Use of the Service is at all times subject to the terms of this Agreement.
We may propose updates to these Terms from time to time and will notify you by email or through the service. Updated Terms will not take effect unless and until accepted by you in writing.
We grant you a non-exclusive, non-assignable right to use the Service in accordance with these terms, and provide support via email and phone. We are not responsible for the uptime and service availability of third party systems upon which the platform is built.
3. Customer Obligations
The Customer may only use the Service for lawful purposes and at all times in accordance with the Act. The Customer will not use the Service or Application to:
- •Send or receive any Inappropriate Content or any information or material which would be a criminal offence or otherwise unlawful;
- •Create any Artificial Inflation of Traffic;
- •Sell, or offer to sell, goods or services in violation of any laws, regulations or codes of practice;
- •Pretend to be a party which it is not, or falsely represent another party.
The Customer warrants Customer Information is and will remain accurate, is solely responsible for its maintenance, and for obtaining all necessary licenses and consents required to use the Service.
4. Warranties
Other than as cannot be excluded in law, we expressly exclude all warranties, express or implied, including merchantability and fitness for a particular purpose. We do not warrant that the Service will be error- or virus-free, will operate without disruption, or is compatible with all equipment and software configurations. We do not warrant the uptime of third-party systems on which the platform is built (including Microsoft Azure, Twilio, and Google Cloud).
5. Service Specific Conditions
- •5.1 Number allocationonce registered, you will be allocated or may select Numbers to use with the Service.
- •5.2 Number usagefor any "Free" service, if you do not use the Service or Number for 6 months we may cancel and reallocate.
- •5.3 Number testingit is your responsibility to ensure your Number works correctly when diverted.
- •5.4 Call and voicemail recordingrecorded Calls are stored for as long as you state you need them accessible within the Application.
- •5.5 Call recording noticesyou are solely responsible for providing notices to, and obtaining consent from, individuals as required by applicable law.
- •5.6 Emergency callingyou will NOT be able to make Emergency Calls from the Service.
6. Charges
You agree to pay the Service Fee at the prices disclosed in the Application or your Order Form. Prices are subject to change and we will do our best to notify you. All charges are invoiced in your chosen currency and are exclusive of VAT. Invoices are due by the date stated, or within 30 days of an accepted order if no date is given. We do not issue refunds for any reason.
7. Term and Termination
To terminate, the Customer must cancel through the Application or email support@rocketphone.ai with formal confirmation. If you terminate of your own choosing, you will lose your Number(s) permanently. Any balance due will be invoiced and collected. We may terminate without notice if you are in breach or suffer Insolvency Proceedings.
8. Limitation of Remedies and Liability
Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be excluded under applicable law. We shall not be liable for any indirect, incidental or consequential loss including loss of profits, business, earnings or opportunity. Other than as stated above, we shall not be liable in contract, tort (including negligence) or otherwise in relation to this Agreement.
9. Intellectual Property Rights
All IP Rights in Customer Information remain the property of the Customer. All IP Rights in the Service, Software, Application and supporting material remain our sole property. Metadata generated as part of normal operation is the explicit property of RocketPhone and is used to improve the system.
10. Data Protection
Where Personal Data is processed by RocketPhone as part of the Service, the Customer is the data controller and RocketPhone is the data processor. We process Personal Data per the Customer's instructions, limit access to required personnel, and may engage authorised third-party sub-processors.
11. Confidentiality
Each party shall keep confidential all information concerning the business, finances, technology, affairs, clients and marketing plans of the other party, using at least the same care it takes to protect its own confidential information. These obligations survive for 2 years after termination of this Agreement.
12. Force Majeure
Neither party is liable for failure to perform due to matters beyond reasonable control, including lightning, flood, severe weather, fire, explosion, war, terrorism, civil disorder, industrial disputes, plant breakdown, supplier default, or acts of government.
Entire Agreement & Governing Law
This Agreement, together with our Standard SLA and Privacy Policy, sets out the entire agreement between the parties. It is governed by and construed in accordance with the law of England, and the parties irrevocably agree the courts of England have exclusive jurisdiction.