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Terms of Service

MIGHTYCALL
TERMS OF SERVICE
LAST UPDATED: September, 2024

These Terms of Service (the “Terms of Service” or “Terms”) are a binding legal agreement between You (either an individual or an entity or the organization on whose behalf you are accepting or otherwise agreeing to the Terms of Service) and CallCurrent, Inc., a Delaware corporation (Trademark MightyCall) (together with its affiliates: “MightyCall”, “we” or “us”) regarding Your use of MightyCall’s call management solutions and other services and any software (“Software”) provided for your use in connection with our solutions or services (such solutions, services and Software, collectively, the “Service”) that you order directly through our website.

Your registration for an account or use of the Services in any way means that you agree to be legally bound to all of these Terms.  These Terms are effective on the date you accept them and these Terms will remain in effect while you use the Services. Your use of the Services and our website constitutes your agreement with and to be bound by all terms and conditions included in these Terms as well as the terms outlined in the Acceptable Use Policy, Privacy Policy, and all of which are incorporated herein by reference (“Policies”). If you do not agree to be bound by these Terms and the Policies, you should not register for an account or use the Services.

We are constantly trying to improve our Services, so we, in our sole discretion, may change these Terms along with the Services. We reserve the right to change the Terms at any time, and such changes will become effective upon posting on our website.  We might also bring material changes to the Terms to your attention by placing a notice by sending you an email, and/or by some other means unless such material updates result from changes in laws, regulations, or requirements from telecommunications providers. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of and agreement with any such changes.

If You do not agree to any provisions of these Terms of Service, You should not register for an account, access or use the Service or download, install or use the Software.

Please read the Terms of Service carefully. By downloading, installing or using the Software, or accessing or using the Service, you accept the Terms of Service and any modifications that may be made to the Terms or Service pricing at any time.

If You are using the Service on behalf of a company or other legal entity, You represent and warrant that You have the legal authority to bind such company or entity to these Terms of Service, including any updates.

Service Registration Procedures

Upon signing up for the Service, You represent and warrant that You provide MightyCall with Your true, accurate, up to date, and complete personal name and/or company name, administrator name, billing address, the addresses where the Service will primarily be used, 911 registered address, email address, contact phone number, credit card/PayPal/Apple Pay information, and other data which may be necessary to administer your MightyCall account (“Account”) (collectively, “Registration Data”). Depending on the Service you use, you may be required to submit copies of government-issued ID documents to MightyCall and/or complete verification processes.

You agree to promptly update any of the information if it changes. If you provide Registration Data that is, or that MightyCall suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, MightyCall has the right, in its sole discretion, to suspend or terminate the Service and refuse any and all current or future use of all Services by You, your business(es), affiliates and all users of your Account.

At all times, You shall maintain and promptly update Registration Data. You are solely liable for all use of our services under Your Account and any transactions or activities by you or anyone else that occur on Your Account. You will not transfer, resell, or make the Service available to third parties. You shall immediately notify MightyCall of any unauthorized use of your Account or if any other breach of security has occurred. You will prevent unauthorized access to or use of our services and Your Account, and in no event shall MightyCall be liable for any unauthorized use of your Account or services under Your Account.

You represent and warrant that you possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You represent and warrant that you will not use the Services in environments requiring fail-safe performance or in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage. You represent and warrant that the Registration Data, user name, contact information, emergency address, and all other information provided in connection with your Account are true and correct at all times. You represent and warrant that you will not use the Services in violation of these terms or any terms incorporated herein. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your Account.

In order to use the Services, you must have properly configured and working Internet service and/or Public Switched Telephone Network (“PSTN”) service (i.e., mobile and/or landline phone service) and hereby agree, at your sole expense: to

(1) obtain access to your own Internet and/or PSTN service with a third party provider other than MightyCall; (2) be responsible for payment of Internet and/or PSTN connection or service fees and all equipment necessary to establish a connection to such Internet and/or PSTN service, as may be required to use the Services; (3) supply and pay third-party providers for all additional phone service and features required for your use of the Applications or Services; and (4) pay MightyCall for the Services.

Your use of the Service is subject to the restrictions in the MightyCall Acceptable Use Policy. You warrant and represent that you will at all times comply with the MightyCall Acceptable Use Policy and be solely responsible for all acts, omissions and activities of Your users of the Service.

Information, and Third Parties

In connection with the registration, downloading, maintenance, or use of the Service, You will be required to provide data, personally identifiable information, or other materials (collectively “Customer Data”). Should You use MightyCall features that include collection of audio or transcript data, such information is included in the definition of Customer Data You are solely responsible for collecting, entering and updating the Customer Data. You hereby grant to MightyCall a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, license to copy, store, record, transmit, display, view, print, and use Customer Data to the extent necessary to provide, develop, and improve the Services. You also hereby grants MightyCall the right to use and reproduce Your name, logo and trademarks to identify You as MightyCall customer on the website and other marketing materials. You agree that we may authorize access to Customer Data and share how You use our Service to employees, contractors, and agents who need to know the information in order to improve, personalize and provide Services, conduct research for product development, and enhance user experience. MightyCall may also share Customer Data as permitted pursuant to MightyCall’s Privacy Policy.

Any information transmitted through the Service is the sole responsibility of the person from whom such information originated, and You access all such information at your own risk. MightyCall is not and cannot be liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it. MightyCall cannot control and have no duty to take any action regarding how You may interpret and use the information or what actions You may take as a result of having been exposed to the information, and You hereby release us from all liability for you having acquired or not acquired information through the Service. MightyCall do not guarantee the identity of any users with whom You interact in using the Service and are not responsible for which users gain access to the Service.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by MightyCall. You access any such third-party websites or services at your own risk and are responsible for reading and abiding by any terms and conditions, privacy policies, or any other terms, conditions, warranties, or representations associated with such third parties or their websites or services. MightyCall disclaims any liability arising from such use and by using the Services, you release and hold MightyCall harmless from any and all liability arising from your interactions with any third parties or your use of any third-party website or service.

Certain services made available via the Services are delivered by third-party sites and organizations. By using any product, service or functionality of the Services, you hereby acknowledge and consent that MightyCall may share such information and data with any third party with whom MightyCall has a contractual relationship to provide the requested product, service or functionality on behalf of MightyCall’s users and customers.

If there is a dispute between participants on this site, or between users and any third party, you agree that MightyCall is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release MightyCall, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

You are responsible for all your activity in connection with the Service.

Term of Service

Introductory or Trial Services

MightyCall may make the Service available to Customer on a trial basis free of charge (“Free Trial”), which will commence upon the date of Customer’s first use of the Service and shall continue for a trial period of up to seven (7) days from the first use or such additional trial period as MightyCall may grant Customer on a case-by-case basis in its sole discretion(each, a “Trial Period”).

During such Trial Period, Customer will be granted access to tree (3) trial phone numbers and three (3) User Seats, shall be permitted to make both inbound and outbound calls for a total of up to one hundred (100) minutes, receive and/or send five (5) text messages and five (5) MMS. MightyCall reserves the right, at any time, to add any additional restrictions or limitations to the Free Trial without prior notice to Customer.

Notwithstanding anything to the contrary in this Agreement, (i) the Service under the Free Trial is provided “AS-IS”, without warranty of any kind, (ii) Customer’s access to the Service would have visible usage caps that cannot be exceeded, (iii) MightyCall shall have no obligations or liability of any kind with respect to the Service for the Free Trial (unless such exclusion of liability is not enforceable under applicable law, in which case MightyCall’s liability with respect to the Service provided during the Free Trial shall not exceed $100.00). Likewise, if the Customer exceeded the usage caps during the trial period, charges may be incurred.

At the end of the Free Trial period, Customer may decide to Terminate its Free Trial, to avoid any charges to one’s credit/debit card, PayPal or Apple Pay account, it is necessary to terminate the Service by calling MightyCall customer service at +1 (888) 256-8312 during working hours (8 am to 8 pm EST) 7 days a week.

The Customer cannot port out trial number(s) while on the Trial Period or if the Customer decided to Terminate the Trial Period. Number(s) can be ported out from active, paid version of the Service plan only.

If Customer does not terminate its account prior to the end of a Trial Period, Customer will automatically be enrolled in the paid version of the Service plan used in the trial version. MightyCall will continue to bill the credit/debit card, PayPal or Apple Pay account on a monthly or annual basis depending on the Service plan type until the account is terminated.

All Terms of Service and use apply to the Free Trial, and in the case of any unusual activity an account may register during the Trial Period, MightyCall reserves the right to terminate or suspend Customer’s trial immediately and without notice.

Initial Term

MightyCall Service is provided on paid subscriptions only for a term of one month if you choose monthly Services, or one year if you choose annual Services (the “Term”).

The initial Term begins on the date that you sign up for the Services (the “Date of Purchase”). The Term for all Services will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify MightyCall customer service of non-renewal at least thirty (30) days before the end of the then current Term, unless otherwise provided in your order.

Monthly Service. For subscribers of monthly Services, you may cancel or terminate your use of the Services at any time by contacting MightyCall customer service at +1 (888) 256-8312 during working hours (8 am to 8 pm EST) 7 days a week, subject to the restrictions and fees provided in these Terms, and any additional agreements governing the Services.

Annual Service. For subscribers of annual Services, you are purchasing the Services for the full length of the applicable annual term (“Annual Term”). If you terminate the Services prior to the end of your Annual Term, you are responsible for all charges for any remaining time left on the Annual Term as if you remained a customer through the end of the then-current Annual Term, including, without limitation, outstanding charges, unbilled charges, taxes, and fees, including any applicable disconnection fee. In addition, you will not be entitled to a refund for any unused portion of prepaid Annual Term charges.

You may switch to a lower or higher cost Service plan at any time. In the event you make such a switch during a Term, you immediately will be credited or billed a prorated amount of the difference between your previous Service plan fee and that associated with your new Service plan based on the amount of time left in the current Term. The credited amount can be used for payment in future periods, or for any add-ons, but will not be reimbursed in cash or refunded to the credit/debit card, PayPal or Apple Pay account.

Renewal

The Term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to you.

Termination

Voluntary termination.

You may terminate the Service or your account by calling MightyCall customer service at +1 (888) 256-8312 during working hours (8 am to 8 pm EST) 7 days a week. Upon receiving verification of your account, we will terminate the Service or your account.

We reserve the right, in our sole discretion, to modify, suspend or terminate the Service or your account without notice as a result of your Default. We reserve the right to determine, in our sole discretion, what constitutes a Default and you agree that our determination is final and binding on you. In the event of a Default, you will pay us all outstanding charges and unbilled charges and will reimburse us for all attorney, court, collection and other fees and costs we incur in the enforcement of our rights under these Terms of Service.

Upon termination of your account, all information associated with your account (including voicemails, recorded calls, text messages (both SMS and MMS), call history) will be deleted or destroyed in accordance with the Privacy Policy. Business phone numbers acquired with the MightyCall Service and ported into MightyCall will be automatically released and lost completely after seven (7) calendar days of the account subscription being terminated.

In the event that you wish to port a Number(s) to another service provider, you must notify MightyCall about requesting a port out by calling MightyCall customer service at +1 (888) 256-8312 during working hours (8 am to 8 pm EST) 7 days a week. You remain responsible for paying for the Service till the port is completed. MightyCall does not charge porting fees.

Termination for nonpayment.

When you subscribe to Services, You will provide us with a valid payment method, such as a valid credit card, debit card (including proper billing information), PayPal or Apple Pay account (“Payment method”) and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method. Upon termination, we will charge you any fees and any other outstanding charges and disconnect your Service.

If the credit card or other payment method on your Account is declined or fails for any reason, MightyCall will use reasonable efforts to contact you and advise you of the failed billing attempts. Notwithstanding the foregoing, MightyCall reserves the right to disconnect your Service and terminate your Account if your Payment method is declined or fails for any reason, and MightyCall reserves the right to continue to attempt charging your credit card, or PayPal or Apple Pay account for any outstanding Service charges and additional fees and pursue any other legal remedies available to MightyCall.

Upon termination of your account, all information associated with your account (including voicemails, recorded calls, text messages (both SMS and MMS), call history) will be deleted or destroyed in accordance with the Privacy Policy. Business phone numbers acquired with the MightyCall Service and ported into MightyCall will be automatically released and lost completely after seven (7) calendar days of the account subscription being terminated.

UPON TERMINATION FOR ANY REASON, ALL UNUSED CALLING CREDITS, TEXT MESSAGES (SMS/MMS) CREDITS, AND INTERNATIONAL CALLING CREDITS SHALL EXPIRE IN THEIR ENTIRETY ON THE TERMINATION DATE. NO REFUND, TRANSFER OR PRORATION SHALL BE MADE OF ANY UNUSED CALLING CREDITS, TEXT MESSAGES (SMS/MMS) CREDITS, AND INTERNATIONAL CALLING CREDITS, ADDITIONAL CREDITS, AND PROMOTIONAL CREDITS  OR OF ANY REMAINING PERIODS/MONTHS ON ANY ACCOUNT.

Payment

Prices and Charges

All prices are identified in US dollars exclusive from taxes and fees on the website or service management dashboard. Additional charges may result if You activate or purchase additional aspects of the Service, or exceed usage thresholds. You will be liable for all charges resulting from use of the Services on your Account. Recurring charges for the Services begin on the initial Term and will continue for the Term.

Billing and Payment Methods

When you subscribe to Service, you will provide us with a payment method, such as a valid credit card (including proper billing information) or PayPal/Apple Pay account, and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method. Upon termination, we will charge you any fees and any other outstanding charges and disconnect your Service.

All applicable fees will be billed to you in advance on the first day of each Term. Usage based charges (if applicable) and all other applicable charges will be billed in arrears (monthly or annually depending on your Service plan). We will email you an invoice (or a link) which shows recent billing activity.

Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorate the charges to your Account.

You must keep your credit card, debit card and/or PayPal/Apple Pay account information, including, but not limited to, the account number, expiration date, billing address and/or other validation information, up to date, making necessary changes through your service management dashboard. If the credit card or other payment method on your Account is declined or fails for any reason, MightyCall will use reasonable efforts to contact you and advise you of the failed billing attempts.

Notwithstanding the foregoing, MightyCall reserves the right to disconnect your Service and terminate your account if your payment method on file is declined or fails for any reason, and MightyCall reserves the right to continue to attempt charging your credit card and/or PayPal/Apple Pay account for any outstanding Service charges and additional fees and pursue any other legal remedies available to MightyCall within thirty (30) days after the first failed collection attempt.

Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser rate of (a) 18% per annum or (b) the highest rate allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of MightyCall’s rights to collect the full amount due. We may assess an additional fee of the lesser of (a) fifty dollars ($50) or (b) the highest amount allowed by law for any credit card chargeback or check returned for nonpayment.

We are not responsible for any charges assessed by the credit card issuer on your account for exceeding your credit limit or any other reason. If we suspect fraud, we may immediately suspend your account without notice. We reserve the right to charge a fee for any chargebacks unless in connection with a valid dispute recognized by us as due to our error.

In the event you dispute any charges billed to you, you must notify us in writing within 10 calendar days of the date of the applicable statement or you will waive any objection and any further remedy with respect thereto. Written statements disputing charges must be sent to support@mightycall.com.

Taxes

All fees for the Service advertised or otherwise listed on the website are exclusive of any federal, state, local sales, international excise, value-added, and similar taxes or fees and administrative or recovery fees or charges (collectively “Taxes and Fees”).

Taxes may vary based on jurisdiction and the Services provided. Certain service charges, such as Regulatory Recovery Fees, Universal Service Fund fees, and E911 fees, are subject to change from time to time and such changes are applicable to ALL Customers. Taxes, access fees, universal service or other recovery fees, or similar charges will be adjusted on the date in which those increases become effective as mandated by the competent authority.

You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Service, which are chargeable to or recoverable from customers by any federal, state, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Service by MightyCall, whether or not mandated by law or regulation. Should MightyCall pay or be required to pay such liabilities (including any Taxes and Fees that were due but not charged or previously collected), You agree that MightyCall may charge your credit card or PayPal/Apple Pay account on file for such payments upon receipt of an invoice and showing of indebtedness to MightyCall.

If any withholding tax is levied on the payments, then You must increase the sums paid to MightyCall so that the amount received by MightyCall after the withholding tax is deducted is the full amount MightyCall would have received if no withholding or deduction had been made.

Tax – Exempt Status

If You are exempt from payment of any taxes, you will provide MightyCall with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date MightyCall receives such certificate.

Please note, certificate 501(c) 3 doesn’t apply to the taxes MightyCall charges, which are sales tax (in some jurisdictions) and telecom taxes. Only actual sales and use tax exemption certificate, granted by the state, are considered valid support to process an exemption.

Late Fee Charges

We may charge you a late fee to cover our administrative costs of the greater of 1.5% per month or $15.00 (US dollars) per month (to the extent permitted by applicable law) accrued from the date of invoice until we receive payment for the Services in full. We will not reactivate a suspended account until we receive payment in full, at which time it will be subject to a $15.00 (US dollars) account reactivation fee at our discretion.

Discounts

From time to time in its sole discretion, MightyCall may offer promotions or discounts. Any promotion or discount codes must be provided to MightyCall upon subscription to the Service. You shall not be entitled to a subsequent credit for such promotions or discounts if you do not request such credit at the time of account creation. Promotions and/or discounts may not be used cumulatively or be used for the Service retroactively. If a promotion and/or discount is offered on a confidential basis, you agree not to disclose the promotion and/or discount and to assume full responsibility for any harm, direct or indirect, caused to MightyCall by the disclosure of the promotion and/or discount.

Refunds

No Refunds for Service Plan Changes

MightyCall does not offer refunds for any services ordered but changed at any point within the current billing cycle. Should you decide to downgrade to a lower-cost Service plan, MightyCall will not refund the difference in cost between the two Subscriptions. It is your sole responsibility to contact MightyCall before the start of the next billing cycle to change or modify any services, subscriptions, or accounts.

No Refunds for Non-Use

MightyCall does not offer refunds for any Services ordered but not used. It is your sole responsibility to cancel any Services, Subscriptions, or accounts as identified in the Section Termination.

MightyCall does not offer refunds if you terminate the Service prior to the end of your Term, you are responsible for all charges for any remaining time left on the Term as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, taxes, and fees, including any applicable disconnection fee. In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.

Delinquent Accounts

If you fail to pay your bill when due for any reason, we may suspend or terminate the Service without prior notice, in which case all accrued charges will be immediately due, plus a late fee to cover our administrative costs of the greater of 1.5% per month or $15.00 (US dollars) per month (to the extent permitted by applicable law) accrued from the date of invoice until we receive payment in full. We will not reactivate a suspended account until we receive payment in full, at which time it will be subject to a $15.00 (US dollars) account reactivation fee at our discretion. Although we may suspend your account, you are not eligible for a pro-rated refund for the time that your account was suspended. If we terminate your Service for failure to pay, your account will be terminated.

Service Plan Minutes

Unlimited calling

The “Unlimited calling” feature offered under the Subscription Plans is subject to the Fair Use Policy. The Fair Use Policy depends on the Customer’s Subscription Plan.

MightyCall provides nearly unlimited calling for local and toll-free numbers in the United States and Canada, as defined by typical monthly usage.

For the purpose of this agreement, “unlimited calling” is defined as what the vast majority of customers will use in any given month. To prevent abuses or exploitation of MightyCall’s service beyond its intended and customary use, calls in excess of the number of minutes per month associated with the given plan will be charged a per minute overage fee, calculated in one-minute increments and rounded up to the next minute.

Our advertised talk minute packages are offered only in the United States and Canada and are not available in U.S. territories. Phone calls placed to/from U.S. territories are considered as non-local calls and are paid from the MightyCall Account Balance, based on the following call rates https://support.mightycall.com/international-call-rates.

Text and Multimedia messages

The “Unlimited messaging” feature offered under the Subscription Plans is subject to the Fair Use Policy. The Fair Use Policy depends on the Customer’s Subscription Plan.

MightyCall offers nearly unlimited monthly text messages and MMS from your mobile phone or computer. It is defined as what the vast majority of customers will use in any given month. Both inbound and outbound text messages and MMS are included in the monthly limit.

When you are nearing exhaustion of your limit, we will not automatically charge on your behalf, an incremental package for additional credits, unless you purchase the credits yourself or ask the support team to charge it on your behalf.

MightyCall treats all messaging transmitted via the Service as Application-to-Person (“A2P”) messaging. All A2P messages originating in the US to and/or from MightyCall Phone Numbers have to be registered with 10DLC, and are subject to the Messaging Policy.

Value, Ownership, and Expiration of Calling credits, and Additional credits

Calling credits and international calling credits have no monetary value and cannot be exchanged for the cash value or refunded at any time after such credits are purchased by you, including after the closure of your Account. Credits may only be redeemed and used by the holder or users of the associated account to which the Credits have been credited, and may not be sold, transferred, assigned, or used by another Customer or with another Customer’s account. Any unused credits remain on your Account and “roll over” to the next billing period.

Text messages (SMS/MMS credits) have no monetary value and cannot be exchanged for the cash value or refunded at any time after such credits are purchased by you, including after the closure of your Account. Credits may only be redeemed and used by the holder or users of the associated account to which the Credits have been credited, and may not be sold, transferred, assigned, or used by another Customer or with another Customer’s account. Text messages (SMS/MMS credits) expire according to the terms of their purchase: (i) for subscribers of monthly Services additional credits expire at the end of the current billing period, when the purchase was made, (ii) for subscribers of annual Services additional credits would be purchased for the full length of the applicable Term, MightyCall may make reasonable adjustments and prorate the charges to your Account.

Acceptable Use Policy

Acceptable Use of the Service

MightyCall’s Service may only be used for lawful, proper and appropriate purposes. You are responsible for Your and Your end users’ compliance with the terms of this Acceptable Use Policy.
MightyCall’s Service may not be used for any of the following prohibited uses (which are in addition to other prohibited uses applicable to all Services):

  • Illegal purposes include but are not limited to: using the Service to violate any law, rule, government order, or regulation; or violating applicable industry accepted guidelines or standards or telecommunications providers’ requirements or guidance in any applicable jurisdiction, including any of the foregoing that require consent to be obtained prior to transmitting, recording, collecting, or monitoring data or communications or compliance with opt-out requests for any data or communications; or engaging in threatening, abusive, harassing, defamatory, libelous, altered, deceptive or fraudulent behavior.
  • Trunking or forwarding your Number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system that is billed on a per minute basis only, unless otherwise specifically agreed.
  • Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or SMS/MMS or faxes simultaneously).
  • Bulk call-in lines (e.g., emergency call centers, “hotlines”, 900 numbers, sports-line numbers, etc.).
  • Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).

In addition, You are obliged not to, and not to assist or encourage any third party to, engage in any activity that is illegal, deceptive, harmful to MightyCall operations or its reputation, including: (a) modify, alter, tamper with, repair or otherwise create derivative works of any Software;
(b) reverse engineer, disassemble or decompile the software and technology used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
(c) use the Service in any manner or for any purpose other than as expressly permitted by these Terms of Service, available at https://www.mightycall.com/terms/, the Privacy Policy available at https://www.mightycall.com/privacy/ or any other Policies, including, without limitation, the Acceptable Use Policy.
(d) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Service to any third party;
(e) remove, obscure or alter any proprietary rights notice pertaining to the Service;
(f) access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
(g) use the Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;
(h) use the Service to:

  • engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;
  • send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages (including, but not limited to, sms, fax blasting, junk faxing or fax spamming), whether commercial or otherwise;
  • store or transmit inappropriate content, such as content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others;
  • store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or
  • abuse, harass, stalk or otherwise violate the legal rights of a third party;

(i) interfere with or disrupt servers or networks used by us to provide the Service or used by other users to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of the Service;
(j) access or attempt to access other accounts, computer systems or networks not covered by these Terms of Service, through password mining or any other means;
(k) cause, in our sole discretion, inordinate burden on the Service or our system resources or capacity; or
(l) share passwords or other access information or otherwise authorize any third party to access or use the Service, including the Software.

Notwithstanding anything to the contrary of these Terms of Service, MightyCall may act immediately and without notice to suspend or limit the Services if MightyCall reasonably suspects fraudulent or illegal activity in Your Account, material breach of the Acceptable Use Policy, or use of the Services that could interfere with the functioning of the MightyCall Network, provided such suspension or limitation may only be to the extent reasonably necessary to protect against the applicable condition, activity, or use. MightyCall will promptly remove the suspension or limitation as soon as the condition, activity or use is resolved and mitigated in full. If You anticipate legitimate but unusual activity on your Account, You should contact MightyCall Support in advance to avoid any Service disruption.

We reserve the right to add, modify or amend this Acceptable Use Policy at any time for any reason in our sole discretion. We also reserve the right, in our sole discretion, to deactivate, change and/or require you to change your user ID and/or password for any reason or for no reason. The prohibited conduct in this Acceptable Use Policy is not exhaustive.

Unsolicited Advertisements

You agree that your use of the Services and all transmission of communications using the Services shall at all times remain in compliance with applicable law and/or regulations, including but not limited to, the Federal Telephone Consumer Protection Act of 1991. You further agree that at MightyCall’s sole option and without further notice, MightyCall may use technologies and procedures, such as filters, that may terminate any unsolicited advertisements transmitted in violation of applicable law or regulation without delivering them. MightyCall may immediately terminate your right to use the Services without liability of any kind in the event of a breach of this restriction and you hereby release and agree to fully, finally, and forever release, hold harmless, and fully indemnify MightyCall from and against any damages or liabilities of any kind related to any voicemail, broadcast, and/or fax spam or solicitations that you may send and/or receive using the Services.

If you transmit or are otherwise connected with any transmission of voice, fax, email, or other unsolicited marketing messages using the Services in violation of applicable law or regulation, you agree to pay MightyCall its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay MightyCall liquidated damages of $15.00 (US dollars) for each such unsolicited marketing message transmitted through the Services. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.

Fair Use Policy

The “Unlimited calling” and “Unlimited messaging” (SMS/MMS) features offered under the Subscription Plans are subject to the Fair Use Policy. The Fair Use Policy depends on the Customer’s Subscription Plan. MightyCall’ service plans may not be exploited for any of the prohibited uses, as defined in the Acceptable Use Policy section.

Unless otherwise indicated on the Sales Order or Sales Quote:

(a) Core Plan: Under the “Unlimited calling”, the Customer has a limit of fifteen thousand (15,000) both inbound and outbound voice minutes for each billing month; Under the “Unlimited messaging”, the Customer has a limit of two thousand (2,000) inbound and outbound messages for each billing month.

(b) Pro & Power Plans: “Unlimited calling”, the Customer has a limit of one hundred thousand (100,000) both inbound and outbound voice minutes for each billing month; Under the “Unlimited messaging”, the Customer has a limit of two thousand (2,000) inbound and outbound messages for each billing month. The voice minutes and messages will be calculated on an account level. For example, for a Customer that is on the Pro Plan with 10 active users, the Customer’s limit for calling will be 100,000 voice minutes, and 2,000 messages.

Both voice minutes, and SMS/MMS messages are subject to the terms and restrictions of the Acceptable Use Policy along with any other restrictions described herein: these features may not be used for Trunking or forwarding calls or messages from a MightyCall number to another phone number capable of handling multiple simultaneous call or to a private branch exchange or a key system; the messages feature shall not apply to bulk messages or messages sent via workflow automation and SMS bots. The SMS/MMS feature is a Third Party Service and the quality doesn’t depend on MightyCall.

In the eventyou’re reaching a threshold of plan minutes per applicable Term included in a particular plan type, you will need to deposit a balance on your account at your service management dashboard, or the Service will be suspended. MightyCall reserves the right to add, modify or amend the Fair Use Policy at any time for any reason in its sole discretion.

If You use SMS/MMS, including both person-to-person and account-to-person conversational messages, sending it to ten-digit US phone numbers, You are required to comply with the MightyCall’ Messaging Policy.

Messaging Policy

MightyCall treats all messaging transmitted via the Service as Application-to-Person (“A2P”) messaging. All A2P messages originating from MightyCall Numbers are subject to this Messaging Policy. You are responsible for any person to which it provides the ability to send messages through MightyCall.

‍Consent/Opt-in Requirements

Prior to sending the first message to each recipient, You must obtain express written consent from the recipient to communicate with them. This consent must be clear and conspicuous.  You must make clear to the recipient that he/she is agreeing to receive the type of messages You plan to send and from whom. Examples of obtaining consent include using a web form where it is clearly explained that a user is opting into SMS messages, or by having them send a message to Your number.

You must adhere to the National Do Not Call Registry and refrain from calling or texting anyone who has registered their number on the Do Not Call Registry.

Consent is limited to the specific use or campaign to which the recipient has consented, and You may not send additional messages about other uses or campaigns unless You have received consent from the recipient for such additional messages. You must keep a record of each consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.

Failure to ensure opt-in may result in your number or service being blocked or suspended by mobile carriers or MightyCall. MightyCall reserves the right to suspend or close your account if you violate these Terms or this Acceptable Use Policy.

Opt-out Requirements

The initial message You send to a recipient must include the following language: “Reply STOP to unsubscribe” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT. You must provide recipients with the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, You may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are prohibited.

Prohibited campaigns

While SMS provides a great way to engage your opted-in customers, there are limitations and restrictions in terms of what types of messages may be sent, and to the content of the messages. The following campaigns are strictly prohibited:

  • Alcohol, tobacco, or firearms advertisements
  • Pharmaceutical, vitamin, or other drug advertisements
  • Cannabis, and prescription medication that cannot legally be sold over-the-counter
  • Campaigns that may be similar to the above

Note: MightyCall is currently unable to offer exceptions to the above prohibited campaigns.  Messages similar in nature may be blocked by MightyCall or the carriers at their discretion without prior notification. This list of content restrictions is not exhaustive, and telecommunications carriers and industry guidelines and standards may change over time.  MightyCall in its sole discretion will determine whether Your campaign is in violation of applicable content guidelines or standards, and may block a campaign or suspend service for violations of these restrictions.

Prohibited content

The following message content is also strictly prohibited and may result in your service being blocked or suspended by the carriers or MightyCall:

  • Messages that engage in any illegal activity or otherwise violate our terms of service, including the acceptable use policy;
  • Messages that engage in or promote, pornographic or adult entertainment, regardless of legality;
  • Messages that contain text or references to violence, hate speech, or otherwise engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior;
  • Messages that contain text or otherwise reference substances defined as controlled substances under federal law, regardless of legality, including marijuana (cannabis);
  • Messages that contain third-party affiliate/lead generation links;
  • Messages that contain obfuscated links for the purpose of misleading the reader, or use links contrary to the expectation of the user based on the message text;
  • Messages that are structured to evade this policy or the policies of carriers (e.g. misspelling, uncommon capitalization, etc.)

MightyCall reserves the right to add to this list at any time or determine messages are prohibited at its discretion.

Carrier fees and account restrictions

Accounts in violation of MightyCall or carrier rules and regulations may be subject to reduced deliverability of messages, additional campaign registration requirements and fees, suspension of service, or termination of service in addition to fines and other penalties passed through MightyCall by the carriers.

It is Your responsibility to be aware of any additional restrictions when sending SMS messages, and to adhere to any and all policies related to the recipient number.

Phone Numbers

MightyCall will provide telephone numbers to be used in connection with the Service or you may port a number to MightyCall for use within the Service (each, a “Number”). In case, you are on a Trial Period, you’ll be granted access to tree (3) trial phone numbers. If you would like to make the switch to MightyCall paid Service plan after the trial, you can keep the trial number or port in your existing number. You will be the owner of the Number, obtained from MightyCall, upon registration on the paid version of the Service plan.

MightyCall may permit you to request a specific telephone number. If you request a specific telephone number, MightyCall will attempt to provide you with that number. However, MightyCall cannot guarantee that requested number(s) will be available. You should not order any printed material, such as business cards or stationary and/or incur any promotional or event costs, or otherwise arrange publicity showing a number until that number becomes active in your Service account. MightyCall will not be liable for reimbursement for business cards, stationary, or press releases under any conditions if we are not able to give you a requested number.

A request by you to port your Number from MightyCall to another provider may be deemed a request by you to terminate your account with us. If you decide to port your Number to another service provider, you remain liable to us for any outstanding balances accrued on your account, all of which must be paid before porting your Number out of the Service. Your account must remain active until the port is complete. When the port out is completed you remain responsible for canceling any Services related to such Numbers or Ported Numbers or service charges will continue. If your service is terminated prior to porting, it will result in the loss of the Number and the Number will not be eligible for porting.

Service Distinctions

YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICE HAS DIFFERENT TECHNICAL LIMITATIONS AND OTHER TECHNICAL CHARACTERISTICS AS COMPARED WITH TRADITIONAL TELEPHONE SERVICES. THE SERVICE MAY BE SUBJECT TO DIFFERENT REGULATORY TREATMENT THAN TRADITIONAL OR WIRELINE PHONE SERVICE. THIS TREATMENT MAY LIMIT OR OTHERWISE AFFECT YOUR RIGHTS AND RESPONSIBILITIES BEFORE FEDERAL AND/OR STATE REGULATORY AGENCIES. In addition, you acknowledge that the Numbers you obtain from us may not be listed in any telephone directory (except for Numbers ported to us from your local phone company, which may be listed). One of the consequences of this is that a reverse directory lookup of your Number will most likely not reveal your address.

Compliance With Law

Governing Law

The Agreement is governed by the Laws of the State of Delaware The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service or Your use of the Service.

Export Control

The Service, and technical information provided pursuant to these Terms of Service may be subject to U.S. export Laws and regulations. You confirm you will not use, distribute, transfer, or transmit the Service except in compliance with U.S. and other applicable export regulations.

Regulatory and Legal Changes

In connection with your use of the Service, you agree to comply with all applicable Federal, state, local and international laws, rules, regulations, ordinances and decrees.

In the event of any change in Law, regulation or industry change that would prohibit or otherwise materially interfere with MightyCall’s ability to provide the Service under these Terms of Service, MightyCall may terminate the affected Services or otherwise modify the terms thereof.

Call related compliance

“Do Not Call” Compliance

If You are advised by any party that it does not wish to receive communications from You via the Services, You agree, to the extent required by applicable laws or Your’ policies, to promptly honor such do-not-contact requests, including where possible by adding the party to its internal do not call list, and thereafter refrain from calling that party. You are solely responsible for obtaining any required consent of or a release from persons or entities to whom or to which You intend to send communications using the Services. You agree to contact only those persons who You are legally permitted to contact and only in the manner permitted under applicable law.

Call Recordings

You acknowledge and understand that, if it subscribes to and uses call recording features of the Services, (i) recordings and transcripts of such calls are Customer Data, and (ii) calls will be recorded at all times, including when a call is placed on hold or after a call is transferred to another party. You agree that when using the call recording features, it will comply with all notice, consent, and privacy requirements pursuant to any applicable laws.

Voicemails and other Data

You acknowledge that the Service is not intended to be used for storage and that voicemails, recorded conversations, settings, configuration and other files and data stored contained in the Service are not backed up by us. Any files and data stored in the Service may be lost and we will have no liability for its loss.

Service limitations

Phone call duration is limited to 90 consecutive minutes due to technical reasons.
By default, the number of team members (users) per one calling group is limited to 20 users. If you require a change to this limitation, please reach out to MightyCall customer service for assistance.
Calls recorded within the MightyCall system are stored for 1 year before being automatically removed.
Each extension on the MightyCall account has a limit of 500 stored voicemails. Voicemails have a length cap of 3 minutes each.

Privacy

You acknowledge that the Service relies, in whole or in part, on the public Internet and third party networks to transmit voice and other communications. For this reason, we cannot guarantee and do not warrant that your calls or other communications and transmissions using the Service will be secure or private. You understand that we may preserve voicemails, recorded phone calls and other user content and may review and disclose this content, your name, telephone number, credit card and/or PayPal/Apple Pay account information and other personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with law enforcement or other governmental agency requests;
(b) comply with laws, regulations, rules, subpoenas, search warrants, or court orders;
(c) investigate, identify, contact, or bring legal action against someone who may be misusing the Service or violating the terms of our agreements;
(d) investigate and protect the rights, property, or personal safety of MightyCall, its users, and the public; or
(e) respond to support requests.

Please refer to our Privacy Policy available at https://www.mightycall.com/privacy/ for additional information.

License to Software

If we make Software available to you, your use of the Software is subject to the terms of the license agreement (if any) that accompanies the Software; or, if no license accompanies the Software, then subject to these Terms of Service, you are granted only a non-exclusive copyright license to install and use one instance of the Software (in object code format) solely to enable your own use of the Service. We reserve all other rights to the Software. This limited license does not allow you to modify, adapt or sublicense the Software, merge the Software into another program or create derivative works based on the Software. Except as may be expressly permitted by applicable law, you will not and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Software; (b) rent, lease or sublicense the Software; or (c) circumvent or disable any security or technological features or measures in the Software. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software.

Disclaimer of Warranties; Limitation of Liabilities; Indemnification

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE AND/OR QUALITY OF VOICE OR FAX COMMUNICATIONS. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICE OR THE INTERNET IN GENERAL. WE ARE NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICE. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. Some jurisdictions’ laws do not allow exclusion of specific implied warranties, in which case the disclaimer of implied warranties may not apply to you to that extent.

Limitation of Liability

WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF US$100 AND THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICE DURING THE TWELVE MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY. THESE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MIGHTYCALL, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND
MIGHTYCALL, MIGHTYCALL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Service (including related to 911 calling), your violation of these Terms of Service, or your violation of any rights of a third party through use of the Service.

MightyCall’s Proprietary Rights

We own and will at all times retain sole and exclusive right, title and interest to the Service (including the Software), including all copyrights, trademarks, trade secrets and all other intellectual property rights thereto, including without limitation with respect to all technology used in connection with or provided as part of the Service (including the Software). We retain all rights not expressly granted under these Terms of Service. Any new features that we provide will also be considered to be the “Service” and will be subject to these Terms of Service.

Access to 911 or Other Emergency Services

Emergency 911 Services provided by MightyCall differ from emergency calling services provided by a traditional telephone company. These differences may have an adverse impact upon the ability or timeliness of 911 responders to respond to or assist You or others in the event of an emergency.

You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You represent and warrant that you will not use the Services in environments requiring fail-safe performance or in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage.

The MightyCall policy governing the provision of emergency services is available here.

Apple Terms on the App Store

The following Terms apply to your use of all the Services, including, but not limited to, the iPhone application available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

  1. Both you and MightyCall acknowledge that the Terms are concluded between you and MightyCall only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services as well as the App Store Terms of Service;
  3. You will only use the Application in connection with an Apple device that you own or control and as permitted in the App Store Terms of Service;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure and Apple may refund to you the purchase price of the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application; upon notification, Apples sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that MightyCall, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to confirm to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation;
  7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, MightyCall, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo, or that is listed in Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and MightyCall acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  10. Both you and MightyCall acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
  11. In the event that you have any questions, complaints, or claims relating to the Application, you may contact MightyCall at: CallCurrent, Inc. 919 North Market Street
    Suite 950, Wilmington, Delaware, 19801 or at support@mightycall.com.

Additional terms

The Service may be linked to third party sites or applications (“Third Party Services”). We are not responsible for and do not endorse Third Party Services. You have sole discretion whether to purchase or connect to any Third Party Services and your use is governed solely by the terms of those Third Party Services.

Miscellaneous

Force Majeure

Without limiting the generality of any of the other limitations contained in this Agreement, we will not be liable for any delay or failure in performance directly or indirectly caused by or resulting from fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other causes beyond our reasonable control.

Governing Law and Venue

These Terms of Service will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington, excluding its conflict of laws provisions. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Service will lie in the state and federal courts located in Seattle, Washington, and you irrevocably agree to submit to the jurisdiction of such courts.

Entire Agreement and Severability

These Terms of Service, including any Policies, and the Privacy Policy are the complete agreement between you and us regarding the Service. If any portion of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect.

No Waiver

Our failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

No Assignment

These Terms of Service are personal to you (or the company you represent) and may not be assigned without our express written consent.

Informational messages

By subscribing to MightyCall’s service, you consent to receiving informational messages from the company via text message, email or other means.

Survival

Any provision in these Terms of Service that by its nature should survive the termination of your rights to access the Service or any termination of these Terms of Service (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

CALEA

MightyCall intends to fully comply with the Communications Assistance for Law Enforcement Act (“CALEA”). By using the Service, you hereby agree and consent to MightyCall’s right to monitor and otherwise disclose the nature and content of your communications if and as required by CALEA without any further notice to you.

Notices

YOU AGREE THAT WE WILL COMMUNICATE WITH YOU VIA E-MAIL SENT TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR NOTIFYING US OF ANY CHANGES TO YOUR E-MAIL ADDRESS BY UPDATING YOUR ACCOUNT PROFILE ON THE WEB SITE. WE USE E-MAIL TO COMMUNICATE IMPORTANT INFORMATION ABOUT THE SERVICE, BILLING, CHANGES TO THE SERVICE AND OTHER INFORMATION. THE INFORMATION IS TIME-SENSITIVE IN NATURE. YOU MUST READ ALL EMAIL WE SEND TO YOU IN A TIMELY MANNER.

Contacting Us

If you have any questions or concerns about the Service or these Terms of Service, you may contact us at:

CallCurrent, Inc.
919 North Market Street
Suite 950
Wilmington, DE, 19801

email: support@mightycall.com

Archived versions of the Terms of Service