Welcome to the jambonz website and proprietary software platform that lets you add voice and messaging features to your existing business software (collectively, the “Service”).  The Service enables trial and registered users (“Users,” “you” or “your”) to make voice and messaging features available to your end user customers. 

By clicking the check box presented with these terms or by accessing or using the jambonz Services (“Acceptance”), you create a legally enforceable contract, effective as of Acceptance, between Drachtio Communication Services LLC, a MA LLC having offices at 50 Terminal St, Suite 722 Building 2, Charlestown USA (also referred to as “jambonz,” “we,” “us,” or “our”).  

Every time you visit or use features of the Service, you agree to be bound by these Terms of Use (“Terms”).  If you are an entity, these Terms shall be expressly binding on all employees, directors and officers, agents, and assigns who access or use the Service.  These Terms outline your rights, obligations and restrictions regarding your use of the Service, please read them carefully. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Service immediately. In addition to these Terms, we have adopted the jambonz Privacy Policy (“Privacy Policy”). Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.

jambonz may modify the Terms from time to time and each modification will be effective when it is posted on the Service.  We will notify you of substantive modifications to these Terms the first time you access the Service following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Service. 

#### User Eligibility
Each User warrants that the User is either (a) an authorized employee, director, officer, agent or assign of a legitimate legal entity, or (b) an individual either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.  In any case, the User affirms to be over the age of 13, as the Services are not intended for children under 13. 

#### Creating an Account
You must create an account to access the Service, whether during an initial 21-day trial period or if you decide to purchase a paid subscription after your trial period (your “Account”).  To complete your account, we ask you to provide certain personal information such as your name, your Company name if applicable, and your email address.  

Please refer to our [Privacy Policy](/privacy) for information about how we protect your personal information.  You are responsible for ensuring that any information you provide is accurate and up to date.  jambonz reserves the right to verify the accuracy of the information you provide at any time.  You are responsible for creating a username and a secure password and protecting your Account from unauthorized access.  You agree to notify jambonz immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised.  You will be held responsible for any activity that occurs under your Account.  

Once you have an Account, you may adjust your profile settings and start your subscription process with us. 

#### Subscriptions and other Fees
A basic level of the Service is available to Users during an initial 21-day trial period.  At the end of your trial period, you will have the option to enter into a subscription, at the rates set forth on our website.  Subscriptions and other payments are processed through our third party payment processor, who has its own separate terms and conditions [accessible here](https://stripe.com/legal).

You are responsible for any fees charged by your internet service provider or mobile carrier for using the Service, including, but not limited to data transfer fees.

#### Contributions, Guidelines, Permitted Uses
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to jambonz through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) jambonz is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) jambonz shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) jambonz may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of jambonz without any obligation of jambonz to you; and (f) you are not entitled to any compensation or reimbursement of any kind from jambonz under any circumstances. 

You will be held solely responsible for your conduct on and use of the Service.  You agree that you will not use or attempt to use this Service for any purpose other than to post, view, respond or otherwise connect with construction materials suppliers or buyers, as the case may be; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:

- that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
- that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
- that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,
- that transmits any harmful or disabling computer codes, files, programs or viruses,
- that harvests e-mail addresses or personally identifiable information from jambonz,
- that interferes with our network services or the proper working of the Service or activities conducted on the Service,
- that uses manual or automated software or other processes to “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any page of the Service,
- that attempts to gain unauthorized access to our Service including bypassing measured we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),
- that suggests an express or implied affiliation with jambonz (without the express written permission of jambonz) or that impersonates any person or entity including an employee or representative of jambonz,
- that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.

jambonz reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service. 

#### Intellectual Property Rights
jambonz does not own any data or information that you submit in the course of creating your Account or any usage data that is provided by you or collected from your use of the Service.

We or our licensors own and retain all proprietary rights in the Service. Neither the Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of jambonz, unless it is in the public domain. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service.  Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of jambonz or our third party service providers, and any unauthorized use terminates the permission to use the Service granted by jambonz. 

All software used on our website and platform is the property of jambonz or its software suppliers and protected by United States and international copyright laws.  

#### General Information

##### Indemnification
You agree to indemnify and hold jambonz, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service. 

##### Disclaimer & Limitation of Liability 
**EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, JAMBONZ MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED.  JAMBONZ EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE.  FOR AVOIDANCE OF DOUBT, THE DISCLAIMERS SET FORTH HEREIN DO NOT LIMIT ANY COVENANT, REPRESENTATION OR WARRANTY MADE BY JAMBONZ IN THIS AGREEMENT.**

**YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL JAMBONZ BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF JAMBONZ TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO JAMBONZ IN THE IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD.** 

**CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.** 

While we strive to protect your information in accordance with our [Privacy Policy](/privacy), jambonz cannot be liable for the privacy of personal information collected or stored on the Service, or otherwise connected with your use of the Service.

##### Termination
jambonz may terminate or suspend your access to all or part of the Service, for any reason, including without limitation your breach of these Terms. In the event these Terms are terminated, the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.  You may terminate your Account with us at any time, but understand that we do not offer subscription refunds. 

##### Jurisdiction & Severability
jambonz operates the Service from its offices within the United States.  The Services are designed for Users within the United States, and jambonz makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations. 

These Terms are not assignable, transferable, or sublicensable by you except with jambonz’s prior written consent. jambonz may assign, transfer, or delegate any of its rights and obligations hereunder without consent. 

These Terms will be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of laws provisions. Any action brought against jambonz to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of The Commonwealth of Massachusetts. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises.  In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and jambonz concerning your use of the Service.

##### How To Contact Us
Should you have any questions or complaints regarding violations of these Terms, please contact us at 50 Terminal St, Suite 722 Building 2, Charlestown USA or by email at support@jambonz.org.

**Last updated: May 4, 2021**
