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updated legal docs based on lawyer review

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Dave Horton
2021-04-29 20:31:21 -04:00
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data/privacy.yml
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hero:
headline: Privacy Policy
headline: jambonz Privacy Policy

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data/terms.yml
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hero:
headline: Terms of Service
headline: jambonz Terms of Use

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docs/webhooks/dial.md
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@@ -34,12 +34,12 @@ The `dial` verb is used to create a new call by dialing out to a telephone numbe
```
As the example above illustrates, when you execute the dial command you are making one or more outbound call attempts in an effort to create one new call, which is bridged to a parent call. The `target` property specifies an array of call destinations that will be attempted simultaneously.
If multiple endpoints are specified in the `target` array, all targets are outdialed at the same time (e.g., "simring", or "blast outdial" as some folks call it) and the call will be connected to the first endpoint that answers the call (and, optionally, completes a call screening application as specified in the `url` property).
If multiple endpoints are specified in the `target` array, all targets are outdialed at the same time (e.g., "simring", or "blast outdial" as some folks call it) and the call will be connected to the first endpoint that answers the call (or, optionally, the first call that completes a call screening application as specified in the `confirmHook` property).
There are several types of endpoints:
There are several types of endpoints that you can dial:
* a telephone phone number that can be reached via your Carrier,
* a webrtc or sip client that has registered directly with your application,
* a telephone phone number -- this call attempt will be sent out through your configured Carrier,
* a webrtc or sip client that has registered directly with your subdomain,
* a sip endpoint, identified by a sip uri (and possibly authentication parameters), or
* Microsoft Teams user
@@ -47,7 +47,7 @@ You can use the following attributes in the `dial` command:
| option | description | required |
| ------------- |-------------| -----|
| actionHook | webhook to invoke when the call ends. | no |
| actionHook | webhook to invoke when the call ends. The webhook will include [properties](#dial-action-properties) describing the outcome of the call attempt.| no |
| answerOnBridge | If set to true, the inbound call will ring until the number that was dialed answers the call, and at that point a 200 OK will be sent on the inbound leg. If false, the inbound call will be answered immediately as the outbound call is placed. <br/>Defaults to false. | no |
| callerId | The inbound caller's phone number, which is displayed to the number that was dialed. The caller ID must be a valid E.164 number. <br/>Defaults to caller id on inbound call. | no |
| confirmHook | webhook for an application to run on the callee's end after the dialed number answers but before the call is connected. This allows the caller to provide information to the dialed number, giving them the opportunity to decline the call, before they answer the call. Note that if you want to run different applications on specific destinations, you can specify the 'url' property on the nested [target](#target-types) object. | no |
@@ -59,9 +59,9 @@ You can use the following attributes in the `dial` command:
| target | array of to 10 [destinations](#target-types) to simultaneously dial. The first person (or entity) to answer the call will be connected to the caller and the rest of the called numbers will be hung up.| yes |
| timeLimit | max length of call in seconds | no |
| timeout | ring no answer timeout, in seconds. <br/>Defaults to 60. | no |
| transcribe | a nested [transcribe](#transcribe) action, which will cause the call to be transcribed | no |
| transcribe | a nested [transcribe](#transcribe) action, which will cause the call to be transcribed | no
##### target types
<h5 id="target-types">target types</h5>
*PSTN number*
@@ -107,6 +107,18 @@ The `confirmHook` property that can be optionally specified as part of the targe
This allows you to easily implement call screening applications (e.g. "You have a call from so-and-so. Press 1 to decline").
<h5 id="dial-action-properties">actionHook properties</h5>
The actionHook that is invoked when the dial command ends will include the following properties:
| property name | description |
| ------------- |-------------|
| dial_call_sid | the unique call_sid identifier for the child call |
| dial_status | the final status of the call attempt, one of 'completed', 'failed', 'busy', 'no-answer', or 'queued'|
| dial_sip_status | the sip status of the final response to the INVITE that was sent|
<p>
<a href="/docs/webhooks/dequeue" style="float: left;">Prev: dequeue</a>
<a href="/docs/webhooks/dialogflow" style="float: right;">Next: dialogflow</a>

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docs/webhooks/overview.md
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@@ -208,6 +208,7 @@ Alternatively, you can provide an object containing a url and optional method an
"password": "bar"
}
```
In the sections that follow, we will describe each of the verbs in detail.
<p>
<a href="/docs/webhooks/conference" style="float: right;">Next: conference</a>

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pages/privacy.md
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In order to provide you with the service, jambonz needs to collect some personal information about you.
The jambonz website and proprietary communications platform that lets you add voice and messaging features to your existing business software (the “Service”) is owned and operated by Drachtio Communication Services LLC and made available to trial account users or registered account users. Additionally, you may have end user customers that access the jambonz service, and in the course of providing these people with service we may end up collecting some information about them as well. To keep things straight, we'll refer to you as “you” or the "Customer", and your end users as "End Users".
Additionally, you may have end user customers that access the jambonz service, and in the course of providing these peoplewith service we may end up collecting some information about them as well. To keep things straight, we'll refer to you as the "Customer", and your end users as "End Users".
This Privacy Policy describes:
Whew! Now, with that out of the way, let's review some basic facts about privacy which we think you should be aware of.
- Why we collect personal information
- What personal information we collect and when it is collected
- How your information is used and protected
- When and with whom your information is shared
- Your choices regarding your personal information
##### About Customer Data
We encourage you to read this Privacy Policy and our [Terms of Use](/terms) carefully. Capitalized terms used but not defined in this Privacy Policy have the meaning given them in the Terms of Use. We will post notices of all changes that materially affect the way in which your personally identifiable information may be used or shared in updates to our Privacy Policy.
This policy does not apply to those third-party advertising systems, networks or websites that jambonz has a relationship with or of other companies or individuals that jambonz does not own, employ, manage or control.
1. We do not share your data with any third party, unless it is necessary to provide the service, or we are required to by law. In no cases do we sell your data to any third party.
If you have any questions about this Privacy Policy, please feel free to contact us through our Service or write to us at Drachtio Communication Services LLC, 50 Terminal St, Suite 722 Building 2, Charlestown USA.
2. The primary personal information we collect about you is your email address, which we use as a form of identification within the system and to be able to reach out to you for things like password reset requests, etc. You can also create an account on jambonz using Google or Github as an oauth provider, and if you grant this access, we will retrieve and store your email address and name from those providers.
#### Information We Collect
3. If you sign up for a paid plan, we will direct you to our third-party billing partner (currently Stripe) to enter your credit card details. We do not have access to your credit card number or CVC, nor do we store those in our database or anywhere on our servers.
We only collect from users the information we need to provide the Services. Here are the types of information we gather:
4. To work with your preferred carriers and speech service providers, you will need to provide us some information about those vendors and services. We will store this information in our databaseto utilize these services on your behalf. You can change or delete this information at any time from our system, and all related information will be removedfrom all our systems immediately.
##### Information You Give Us
5. We will also collect IP addresses that you use to access the the service from. In some cases, such as when we need to direct calls to devices you have registered, we will store these IP addresses in our database for a short period of time.
_Personal and Company-Specific Information_: You do not need to create an account to view the free version of our Service. If you create an account on the jambonz platform, we may ask you for certain limited personally identifiable information such as your name and email address, which we will use to contact or identify you. You can also create an account on jambonz using Google or Github as an oauth provider, and if you grant this access, we will retrieve and store your email address and name from those providers. We may also request certain other personally identifiable information from time to time as we deem necessary to better provide the Service to you, including your company’s name, website, and a short business description. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features.
6. You can delete your jambonz account at any point in time, and we will remove your account and substantially all your data immediately. We may retain a minimum amount of data necessary for activities like resolving disputes, analyzing, and improving system performance, etc.
To work with your preferred carriers and speech service providers, you will need to provide us some information about those vendors and services. We will store this information in our database to utilize these services on your behalf. You can change or delete this information at any time from our system, and all related information will be removed from all our systems immediately.
##### About End-User Data
##### End User Data
1. While making calls, your End User customers may share private and confidential information over the audio connection established through jambonz -- e.g., credit card numbers, account numbers etc. We never store audio recordings -- or transcriptions of audio recordings -- in our databases or on our servers, so this kind of information about your End User customers can never be exposed from our systems. We thought you'd you want to know this.
While making calls, your End User customers may share private and confidential information over the audio connection established through jambonz -- e.g., credit card numbers, account numbers etc. We never store audio recordings -- or transcriptions of audio recordings -- in our databases or on our servers, so this kind of information about your End User customers can never be exposed from our systems.
2. While delivering calls for your End Users, we will receive information such as the phone numbers and IP addresses they are calling from, the numbers or other identifiers of the people, services, or devices they are trying to reach, along with information like the time and length of the call, etc. This information is typically referred to as a "Call Detail Record" and unless you modify your account settings (see the next point below) we will store Call Detail Records for your end users in our database.
While delivering calls for your End Users, we will receive information such as the phone numbers and IP addresses they are calling from, the numbers or other identifiers of the people, services, or devices they are trying to reach, along with information like the time and length of the call, etc. This information is typically referred to as a "Call Detail Record" and unless you modify your account settings (see the next point below) we will store Call Detail Records for your end users in our database.
3. You can opt out of Call Detail Record reporting by disabling the feature in the self-service portal. If you do choose to opt out, the only information we will store about your End Users will be the IP addresses of devices that they register to make/receive calls because this information is needed to successfully provide that service.End User IP address information is only stored in our database for a period of one hour from the most successful recent device registration request.
You can opt out of Call Detail Record reporting by disabling the feature in the self-service portal. If you do choose to opt out, the only information we will store about your End Users will be the IP addresses of devices that they register to make/receive calls because this information is needed to successfully provide that service. End User IP address information is only stored in our database for a period of one hour from the most successful recent device registration request.
##### Location of Service
##### Automatic Information Collected
Our servers are located in the USA, and your calls (media and signaling) will transit through these servers.
To perform the Service, we also collect information through cookies and other automated means. Information of this sort includes:
##### A Few Words about GDPR
_Technical information about your browser and mobile device_: This information is used in the aggregate to help us optimize the Service for common browsers and devices.
**The General Data Protection Regulation** (GDPR) in the **European Economic Area** (EEA) distinguishes between data "controllers" and "processors". A controller decides why and how to process personal information. A processor processes personal information on behalf of a controller based on the controller’s instructions.
_Usage information, such as the features and emails from jambonz that you interact with_: We collect and use this behavioral information and may use it in anonymized and aggregate forms to generate statistics about users and how the Services are being used and to facilitate targeted communications and advertisements but the information is not shared in any form that could be used to identify you personally. Please see “How we use and share the information we collect,” below, for further information and choices about sharing information with third parties.
jambonz is primarily a data controller; we use information included in the Customer Data such as your carrier sip trunk details and speech credentials as part of our legitimate interest of providing you with the service you expect.
_IP address and log file information, web beacons, cookies, tokens and device identifiers_: These are alphanumeric identifiers that help us to distinguish between unique browsers and devices in order to avoid showing you the same information twice, keep you logged into jambonz, prevent duplicate actions, prevent duplicate coupon redemptions and improve your experience. The information we collect from cookies may include your IP address, browser and device characteristics, referring URLs, and a record of your interactions with our Service. By using the Service, you are consenting to such use of cookies. Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. We will respect your choices relating to on-line tracking, whether you choose to reject individual cookies or set your web browser to reject cookies and other tracking technology. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Service or certain areas or features of the Service.
_Crashes and error reports_: If you encounter a crash or error while using our Service, we may generate a crash report that includes technical, usage and, if you are logged in, your account information so that we can diagnose and potentially prevent the problem in the future.
**Information Collected from other Sources**. We may also periodically obtain both personal and non-personal information about you from our service providers, contractors and other third parties if you have authorized them to share it with us.
#### How We Use and Share the Information We Collect
##### Use
We use the information we collect for things like:
- Establishing and managing your account and providing the Service
- Conducting research and analysis of our Service
- Identifying you on our platform and communicating with you
- Operating, evaluating and improving our business model
##### Share
We will not share your personal information or user data with any third party except to perform the Services or as required by law or if we merge with another company, as described in this Privacy Policy.
In the normal course of business jambonz may share your information with individuals (such as employees, contractors and lawyers) and companies (such as a mail delivery service) to perform tasks on our behalf and may need to share certain information, with them in order to provide improved products or services to our users. However, our agents do not have any right to use the information we share with them beyond what is necessary to assist us in providing the service to you as described in this Privacy Policy.
Sometimes we may be required to share your information in response to a regulation, court order or subpoena or we believe necessary to comply with the law. We may also share your information in the event of a corporate sale, merger, acquisition, dissolution or similar event.Sometimes we may be required to share your information in response to a regulation, court order or subpoena or we believe necessary to comply with the law. We may also share your information in the event of a corporate sale, merger, acquisition, dissolution or similar event.
#### How We Store and Protect the Information We Collect
jambonz uses reasonable security measures to store and protect the information under our control and appropriately limit access to it. However, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
We use a variety of information security measures to protect your online transactions with us. The Service uses encryption technology, such as Secure Sockets Layer (SSL), to protect your sensitive personal information during data transport.
We want you to feel confident using the Services. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personally identifiable information, usage data or other communications will always remain secure. We will notify you by email if we have reason to believe that your personal information has been compromised due to a security breach or used in an unauthorized manner, but by using this Service, in accordance with the Terms of Use you agree to release us from any and all claims arising out of unauthorized use of your information.
#### Your Choices Regarding the Information We Collect
You may choose to:
- Update and correct your personal information
- Object to the processing of your personal information
- Request to have your personal information or usage data deleted or restricted from our Service
- Request for portability of your personal information
- Cancel your account
To do any of these, simply notify us of this decision by one of these methods:
- Follow the unsubscribe link in any marketing email or following the directions included in any other promotional material received from jambonz.
- Send an email to us at support@jambonz.org. Please note that when you email us with this request, we will take steps to verify that you are authorized to make the request.
#### Data Retention
We will retain your usage data for 30 days from the time it is created. We will retain your profile information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements. If you close your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. Deactivating your account does not automatically delete your account or usage data from our database, but regardless of any retention policy we will make reasonable efforts to enable you to delete your profile and personally identifiable information from our database upon request.
#### Third Party Services and Links to Other Websites
Our website may contain links to other websites including those of our service partners and other service providers, many of which have their own privacy policies. For example, if you sign up for a paid plan we will direct you to our third-party billing partner to enter your payment details. We do not have access to your financial or payment information and do not store it in our database or on our services. As with any website, be sure to review the privacy policy of the site you are visiting, whether directly or through the Service.
Additionally, we may integrate third party services in to our Service in order to personalize your experience. This policy only covers the use of cookies by jambonz. Cookies placed by third party services are governed by the third party terms and privacy policies applicable to those services (which we encourage you to read).
#### Children's privacy
We restrict use of the Service to individuals age 18 and above, and do not knowingly seek or collect personal information from anyone under the age of 18.
#### Using the Services from outside the United States and a few words about GDPR
This Privacy Policy is intended to cover collection of information from residents of the United States and is not intended for users located outside the United States. If you are accessing the Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Service, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.
The General Data Protection Regulation (GDPR) in the European Economic Area (EEA) distinguishes between data "controllers" and "processors". A controller decides why and how to process personal information. A processor processes personal information on behalf of a controller based on the controller’s instructions.
jambonz is primarily a data controller; we use information included in the Customer Data such as your carrier sip trunk details and speech credentials as part of our legitimate interest of providing you with the service you expect. We have determined that our processing of your personal data is necessary to deliver such products and services to our users and that there is no less intrusive means of delivering users such products and services. Finally, we believe that our processing of personal data will not cause unjustified harm in a way that would override our legitimate interest basis.
When handling calls from your End Users, jambonz also acts as a data processor, in that we are processing End User data such as phone numbers and IP addresses under your instructions for routing and managing the end user's calls.
Under the GDPR, you have the right to:
In some cases, we may use consent as our lawful basis for collecting and processing certain types of personal information. In such cases, you have a right to withdraw the consent at any time.
- Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing.
- Opt-out from our communications. Please note that you cannot unsubscribe from service-related messages.
- Object to processing of your personal data, for example, if we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this basis.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to another party (right to data portability).
#### Changes to this Privacy Policy
Please note that this Privacy Policy may change from time to time. We will post any Privacy Policy changes on this page and, if the changes are significant or involve changes to the way we use personal information, we will notify you by delivering an announcement via our Service or your account email. If you opt out of communications from jambonz, you may not receive these notifications, however they will still govern your use of the Service, and you are responsible for proactively checking for any changes. If you continue to use the Service after changes have been posted, you agree to abide by and be bound by the modified privacy policy. Each version of this Privacy Policy will be identified by its effective date found at the bottom of this page.
##### California Consumer Access and Deletion Rights
If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us any time through this Service, or email us at support@jambonz.org.
If you would like more information about our use of Customer Data or End User Data, you can request:
**Last updated: May 4, 2021**
- that we provide details about the categories of personal information that we collect about you, including how we collect and share it;
- that we provide you access to the personal information we collect about you; and
- that we delete the personal information we have about you.
Please note that when request this, we will take steps to verify that you are authorized to make the request.
##### How we secure personal information
We use appropriate technical and organizational measures to protect the security of your personal information both online and offline. These measures vary based on the sensitivity of the personal information we collect, process and store and the current state of technology.

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Please read carefully this jambonz Cloud Beta Agreement (this “Agreement”), which contains the terms and conditions that govern your access to and use of the jambonz Services (as defined below) and is an agreement between Drachtio Communication Services LLC, a MA LLChaving offices at 50 Terminal St, Suite 722 Building 2, Charlestown USA (also referred to as “jambonz,” “we,” “us,” or “our”) and you or the entity you represent (“Customer,” “you,” or “your”).
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 will create a legally enforceable contract where you agree to be bound by all terms and conditions of this agreement without modification. This Agreement takes effect on Acceptance (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
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”).
**IF YOU CANNOT OR DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT, YOU SHOULD NOT CLICK THE CHECK BOX PRESENTED WITH THESE TERMS AND YOU ARE PROHIBITED FROM ACCESSING OR USING THE JAMBONZ SERVICES.**
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.
#### <center><b>TERMS AND CONDITIONS</b></center>
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.
##### 1. JAMBONZ SERVICES.
#### 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.
This is a beta. You must not rely on it or use it for anything where it would be a problem if it did not work at all or did not work properly. We will try to keep the service available and functioning for the duration of the beta, but we do not guarantee to do so. Basically, we hope it works, and we'll probably try to fix important things if we find they don't work, but we're not responsible or liable to you if it doesn't work, or if we don't fix it.
#### 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.
We may change or discontinue any or all of the jambonz Services or change or remove functionality of any or all of the jambonz Services during the beta period. We will do our best to notify you in advance of planned changes.
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.
##### 2. PERIOD OF THE BETA
Once you have an Account, you may adjust your profile settings and start your subscription process with us.
The Beta is expected to run for a period of two months or so from late May-July 2021. We may extend or contract the length of the beta based on our assessment of how it is going. Our intention is to launch a production release on completion of the beta, but we reserve the right to decide when and if there will be a production release of the jambonz cloud services.
#### 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).
##### 3. TERMS AND TERMINATION
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.
We reserve the right to cancel your service at any time during the beta, and for any reason at all, or for no reason. In practice, we only foresee this happening if your actions are somehow impeding the beta process, causing harm to our systems or other systems or users, or are deemed by us to be malicious in any way.
#### 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.
##### 4. PAYMENTS
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:
The beta is free of charge. The credit card payment functionality will be operating in a test-only mode during the beta, and if you are willing to help us test it, we may issue you a test credit card number that will enable you to do so.
- 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.
##### 5. YOUR RESPONSIBILITIES
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.
You agree to the following to participate in the beta:
#### 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.
- You will sign up for the beta using a valid email address that belongs to you.
- You agree to accept email notifications from us during the beta at that email address. These may describe changes to the beta, new features, or have questions seeking your feedback.
- You will not deliberately take actions that are intended to degrade or damage the service for others, or to use the system in any manner intended to cause harm on other systems or people, or to conduct any sort of fraudulent activities whatsoever.
- You will not run production (i.e. revenue-producing, for you) traffic on the system during beta.
- You will engage with us during the beta to provide feedback and suggestions based on your experience.
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**