RMF Salesibyl Terms of ServiceWelcome to RMF Salesibyl. Please read on to learn the rules and restrictions that govern Your use of our website(s), products, services and applications (the “Services”) that You order directly through our website. For the avoidance of doubt, if You order services through a Master Service Agreement with us, any such services are governed by the terms of the Master Service Agreement and not these online terms. If You have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com or write us at 16192 Coastal Hwy, Lewes, DE 19958.
Modifications and Updates to TermsWe are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to Your attention by placing a notice on the RMF Salesibyl or RainmakerForce websites, by sending You an email, and/or by some other means. If You don’t agree with the new Terms, You are free to reject them by discontinuing Your use of the Services; unfortunately, that means You will no longer be able to use the Services. 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.
Service Registration ProceduresUpon signing up for the Services and at subsequent times as requested by RMF Salesibyl, You agree to provide RMF with Your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, 911 registered address for each applicable device, email address, contact phone number, credit card information, and other data which may be necessary to administer Your RMF Salesibyl account (“Account”) (collectively, “Registration Data”). You represent and warrant that the information You provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If You provide Registration Data that is, or that RMF suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, RMF has the right, in its sole discretion, to suspend or terminate the Services 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. Upon completion of all Registration Data and acceptance of this Agreement, RMF Salesibyl will provide You with, as applicable, a password(s), user ID(s), telephone number(s), and other account information. You are solely liable for any transactions or activities by You or anyone else that occur on Your Account. You shall immediately notify RMF of any unauthorized use of Your Account or if any other breach of security has occurred. IN NO EVENT SHALL RMF Salesibyl BE LIABLE FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
Change To ServicesRMF, in its sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Services. You acknowledge and agree that RMF has no obligation to make available to You any subsequent versions of the Services. In addition, You and RMF acknowledge that no third party has any obligation whatsoever to furnish maintenance or support services with respect to the Services and that RMF is solely responsible for the provision of maintenance and support as provided in this Agreement and to the extent such maintenance and support is required under applicable law. Your continued use of the Services following any modification of the Services constitutes Your agreement with any such changes or updates.
Account TerminationIn the event that You wish to stop using the Services, You may do so at any time, by contacting us at firstname.lastname@example.org. RMF may terminate (or suspend access to) Your use of the Services or Your account, for any reason in our sole discretion, including, but not limited to, Your breach of these Terms.
Billing and PaymentSome of the RMF Salesibyl Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify You before any Services You are currently using begin carrying a fee, and if You wish to continue using such Services, You must pay all applicable fees for such Services.
Product Pricing and AvailabilityWith respect to its advertising, offering, or sale of applications, Services, or any other products (collectively, “Service(s)”), RMF attempts to describe its products as accurately as possible. Nevertheless, RMF does not warrant that any descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of Services (collectively, “Service Information”) from its website, marketing materials, promotional flyers, advertisements, or other printed or electronic materials (collectively, “Service Materials”) is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible that Service Information may be mispriced, described inaccurately, or that the Services may be unavailable. In the event RMF determines that a Service is mispriced, described inaccurately, or unavailable, RMF reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation, canceling Your account or subscription to the Services. You agree to notify RMF immediately if You become aware of any pricing or descriptive errors or inconsistencies with any Services You order through the Service Materials and comply with any corrective action taken by RMF. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY NOT BE AVAILABLE 100% OF THE TIME. Credit allowances for interruption of the Services may only be provided on a case-by-case basis at the sole discretion of RMF and shall be Your sole remedy for any Service interruptions or other issues with the Services.
Taxes, Charges and FeesAll fees for Services 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”). For subscribers of RMF Salesibyl paid Services, You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Services, 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 Services by RMF, whether or not mandated by law or regulation. Should RMF 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 RMF may invoice You or charge Your credit card on file for such payments upon receipt of an invoice and showing of indebtedness to RMF.
DiscountsFrom time to time in its sole discretion, RMF may offer promotions or discounts. Any promotion or discount codes must be provided to RMF upon purchase of the Services. 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 or change of service. Promotions and/or discounts may not be used cumulatively or be used for Services 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 RMF by the disclosure of the promotion and/or discount.
Unlimited CallingRMF offers unlimited monthly calling for domestic calls (United States and Canada) and text messages from Your mobile phone or computer. An unlimited service provides You with a domestic telephone number and is subject to the terms and restrictions of the Acceptable Use Policy along with any other restrictions described herein, as well as any reseller agreements, if applicable. If, for any reason, RMF believes that You are using the unlimited service for a prohibited purpose and/or Your call usage violates the Acceptable Use Policy, then RMF may, in its sole discretion with or without notice, terminate Your unlimited service.
Toll-Free CallingRMF Salesibyl may offer toll-free numbers, for an additional monthly fee, plus additional charges based on the minutes of use for inbound calls. Having a toll-free number requires that You maintain a balance of calling credits. When You are nearing exhaustion of Your initial paid allotment of calling credits, we will automatically recharge on Your behalf, an incremental package for additional credits, unless You disable this feature otherwise. Post-paid pricing packages and other variable terms may be available through invoiced accounts or resellers. Please refer to any applicable reseller agreements for additional terms of service. If, for any reason, RMF believes that You are using the toll-free calling for a prohibited purpose and/or Your call usage violates the Acceptable Use Policy, then RMF may, in its sole discretion with or without notice, terminate Your toll-free calling service.
Value, Ownership, and Expiration of Calling CreditsToll-free 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 or “office” to which the Credits have been credited, and may not be sold, transferred, assigned, or used by another user or with another user’s account or office. Any unused credits remain on Your account and "roll over" to the next billing period. Additional credits and promotional credits expire according to the terms of their purchase.
Account OwnershipThe account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with RMF. If no legal entity is provided upon sign-up, the account owner shall be the owner of the credit card used to open the account. Subsequent changes to ownership must be supported by appropriate legal documentation. RMF shall not adjudicate ownership-related disputes, or any other internal business dispute. If RMF is unable to determine the valid owner of the account, RMF reserves the right to suspend or terminate the account and Services.
Additional Terms for RMF Salesibyl VOIP ServiceRMF’s Services includes one or more Voice over Internet Protocol (“VoIP”) lines, including the option to add additional lines at a later date. Your license to the Services is provided for a term specified in Your order (the “Term”) through RMF or an authorized Reseller. 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 RMF customer service of non-renewal at least thirty (30) days before the end of the then current Term, unless otherwise provided in Your Agreement.
Storage of User InformationRMF is not obligated to store Your communications logs, voicemails, faxes, emails, or other messages and does so only as a convenience to You. You agree that RMF has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, emails, messages, and/or other communications maintained or transmitted by the Services. You acknowledge and agree that RMF may establish limits as to the size of communications that RMF transmits or stores and the duration for which RMF stores any communications.
ConfidentialityYou may use RMF Confidential Information only in connection with Your use of the Services as permitted under this Agreement. During the term of Your use of the RMF Salesibyl Services and for a period of five (5) years thereafter, You will not disclose RMF Salesibyl Confidential Information and You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of RMF Salesibyl Confidential Information, including, at a minimum, those measures You take to protect Your own confidential information of a similar nature.
Permissions.RMF Salesibyl provides recording, transcription and texting services to you. You agree that it is your sole responsibility (and not RMF’s) to comply with local laws and regulations and that you will explicitly seek and procure two-party consent from your call recipients, when legally mandated, for recording calls. You also agree to seek and procure opt-in permissions from your SMS recipient when sending SMS text messages to them using RMF Salesibyl. By using RMF Salesibyl, you agree that you are prohibited from using the Services for marketing purposes and your account may be suspended, terminated or you might be prosecuted to the fullest extent of the law if you violate this.
Warranty, Limitation of Liability, and Indemnification.Warranty Disclaimer. RMF Salesibyl does not make any representations or warranties concerning the Services. Additional services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from RMF. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Publicity and Non-DisparagementYou agree that RMF may identify You as a user of the Services on RMF’s website, RMF Salesibyl’s website or any third party website where RMF Salesibyl or its designated agents may promote the Services in its business deals, press releases, marketing materials, advertising, newsletters, mailings, trade shows, other promotional materials, and on RMF’s website or any other third-party website where RMF or its designated agents may promote the Services. You hereby grant RMF Salesibyl and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
Other TermsSurvival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.