TERMS & CONDITIONS
This Agreement (the “Agreement”) is a legal agreement between You (an entity or person) (refered to as “You” here on) and Bueno Technologies Inc. (referred to as “CallHippo” here on), that governs Your limited, non-exclusive, terminable right to use the Bueno Technologies Inc / CallHippo website and related services (“Site”), the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”). Bueno Technologies Inc. is the authorised representative of Appitsimple Infotek Pvt Ltd. which runs the product CallHippo.
By using the Service, You agree to be bound by the terms of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
CallHippo may amend this Agreement from time-to-time. All amended terms automatically take effect on the sooner of a) the day You use the Service or b) 10 days after they are initially posted on the Site.
Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.
You warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement.
You are allowed to invite two types of user accounts to Your CallHippo Service:
- “User” means an employee, consultant or contractor who is authorized by You to use Your CallHippo account
- “Administrator” means a person authorized to act on behalf of You, who is responsible for the administration and management of Your CallHippo account.
“Administrator” means a person authorized to act on behalf of You, who is responsible for the administration and management of Your CallHippo account.
1. Services Offered by CallHippo
CallHippo provides users the ability to make, receive and forward voice calls using a phone number provided by CallHippo (the “CallHippo Phone Number”) and/or an Application
CallHippo is not a “dial-tone” provider and is not a replacement for any phone lines, whether wired, wireless or Internet based. The CallHippo Service allows You to place outgoing calls (national and international) but selected numbers and services may not be reachable through the CallHippo Service and CallHippo does not guarantee that all numbers available worldwide can be called from the CallHippo Service. In particular, the CallHippo Service does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind, which need to be performed from Your local phone service provider. It is Your responsibility to inform Your Users that it is not possible to support or carry emergency calls using the CallHippo Service.
PLEASE NOTE THAT CallHippo DOES NOT SUPPORT ANY EMERGENCY CALLS. THESE CALLS SHOULD BE PERFORMED FROM YOUR LOCAL PHONE SERVICE PROVIDER (FIXED OR MOBILE) IN CASE OF NECESSITY.
Because the CallHippo Service relies on Your third-party telephone service, any limitations in that service will also limit the manner in which You can use the CallHippo Service.
2. Quality and maintenance
CallHippo will use reasonable endeavors to provide the CallHippo Service with minimum disruptions. However, CallHippo cannot guarantee that the Service will always function without disruptions, delay or other imperfections. Since the CallHippo Service will be transmitted through public internet lines and the public switched telephone network, there may be power outages or internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communications.
CallHippo may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. CallHippo may also have to repair, improve, and/or upgrade the CallHippo Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time in our sole discretion.
3. Limited License
CallHippo grants You a limited, revocable, non-exclusive, non-transferable license to use the Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.
- You agree not to resell the Service.
- You may not modify, reverse engineer, decompile or disassemble any part of the Service.
- You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of CallHippo.
- You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others.
- You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.
- You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
- You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights.
- You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law any jurisdiction.
Any such forbidden use shall immediately terminate Your license to the Service.
4. Use of CallHippo
You will not use the CallHippo Services is any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including:
- to violate any law, regulation or other published policy;
- to violate or infringe on intellectual property, privacy, or rights of another;
- to violate any agreement, rules or policies that govern the use of Your mobile device;
- to transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
- to transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
- to sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any CallHippo account;
- to stalk, harass, or harm another individual; or
- to impersonate another, misrepresent or falsely identify Yourself.
- to violate any applicable third party policies or requirements that CallHippo has communicated to You.
- to engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems.
- to engage in spamming or other unsolicited advertising, marketing or other activities in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls or voice mails.
You and Your Administrators may appoint additional Administrators of Your CallHippo account, and each Administrator shall be required to accept and agree to this Agreement. You shall procure that all Administrators read, agree to and comply with this Agreement and You shall be responsible for any breach of the Terms by such Administrator(s).
CallHippo may invoice Customer an administrative fee of up to 300 USD per complaint of abusive or fraudulent usage of a Number in Customer’s account and/or per request for information received from a competent law enforcement authority. This administrative fee constitutes reimbursement for the costs incurred by CallHippo, as determined solely by CallHippo.
5. CallHippo Phone Numbers
Provision of CallHippo Numbers is subject to applicable numbering rules and regulatory practices, which may change or be amended from time to time. CallHippo reserves the right to change the terms related to CallHippo Numbers accordingly, including without limitation to impose or amend local residency requirements and/or to require the provision of further user information for continued access to defined CallHippo Numbers.
You may purchase and allocate CallHippo Numbers to your Account subject to compliance with the allocation requirements displayed upon subscription to the CallHippo Numbers. In particular, You are responsible for compliance with any requirements related to the residence and/or the location of Your Company.
You are responsible for notifying any applicable terms of service to Administrators and Users who are allocated the CallHippo Number, and for ensuring that the Administrators and Users comply with such terms. CallHippo reserves the right to cancel the subscribed CallHippo Numbers in case of breach by You, Your Administrators or Users of the applicable terms of service, including the allocation requirements, without compensation.
You shall inform each User that You and Your Administrators may obtain and use their personal and traffic data on the CallHippo numbers they are assigned to. You acknowledge and agree that You shall process (and shall ensure that Your Administrators shall process) such personal data in accordance with all applicable data protection laws. You represent and warrant to keep all such personal and traffic data confidential and use and protect it strictly in compliance with applicable data protection laws.
Under no circumstances shall You send (or allow Your Administrators and/or Users to send) unsolicited commercial communications. You shall not (and You shall ensure that Your Administrators and/or Users shall not) send or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of, CallHippo.
6. Availability of SMS facility
SMS capabilities on any country’s number is only functional as per the regulations and restrictions of different countries throughout the world. Therefore, CallHippo doesn’t encourage the use of SMS (verification, transactional or promotional) through a virtual number. At the same time, SMS capabilities depend on the carrier of the number.
7. Pricing and Billing
CallHippo will not charge You to use its Services during a free trial period. At the end of this trial period or whenever you wish to obtain additional services (e.g. phone numbers or communication minutes) not included in the free trial, You are required to sign up for a paid plan, which requires You to affirmatively select a plan and pay by entering Your credit card information.
You authorize CallHippo to charge and/or place a hold on Your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
You authorize CallHippo and/or any other company acting as billing agent for CallHippo to charge Your credit card on a recurring monthly/yearly basis on the monthly/yearly anniversary of Your initial registration for a paid CallHippo plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
You will provide CallHippo with updated credit card information upon CallHippo’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. CallHippo is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.
For paid plans, usage and monthly fees will be charged directly to the credit card you provide to us as specified in our pricing plans found here. The pricing on our pricing page can be modified at anytime by our providers and it will be automatically impacted on your pricing . CallHippo cannot be held responsible for any cases of pricing changes on the ”per minute" pricing. CallHippo will frequently update the pricing page to reflect up to date pricing. Pricing changes are determined by our providers and CallHippo can not be held reliable for any price fluctuation. During such fluctuations, your billing charges for number, users, calling charges and plan may change and can be billed accordingly.
For any service provided by CallHippo to its customers, additional fees such as local taxes (GST, VAT, etc.) will be charged in addition to the prices mentioned.
Except as provided below, monthly/yearly services and certain other charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of Your billing cycle. You agree to pay for all CallHippo Services.
AIRTIME AND OTHER MEASURED USAGE ("CHARGEABLE TIME") IS BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. IF PAY PER MINUTE BILLING APPLIES WITHIN YOUR PLAN, WE CHARGE A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH CALL.
Chargeable Time begins for outgoing calls when a connection to the number You are trying to reach is established and recorded in our system and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after the call has ended, either by You, the person You are speaking with or due to a technical malfunction, but not until Your wireless telephone's signal of call disconnect is received by us and the call disconnect signal has been confirmed.
All outgoing calls for which we receive answer supervision including ring time, shall incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers.
If You select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime or messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may bill You in a format as we determine from time to time. Additional charges may apply for additional copies of Your bill, or for detailed information about Your usage of Services.
CallHippo may change the rates of outgoing calls at any time without notice to You by posting such change at here. The new rate will apply to Your next purchase after the new rates have been published. Please check the latest rates before You make Your call. If You do not accept the new rates, do not make Your call.
You also remain responsible for paying Your monthly/yearly Service fee if Your Service is suspended for nonpayment.
You agree that for amounts not paid by the due date, we may charge, as a part of its rates and charges, and You agree to pay, a late payment fee of 5% per month of delayed period from the data of payment fail or the maximum allowed by law. In the event You fail to pay billed charges when due and it becomes necessary for us to refer Your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.
Using CallHippo will not incur charges to Your personal voice plan (cellular or otherwise) unless You redirect calls to a mobile located in a foreign country. In that case, Your operator will charge its standard rates for roaming on incoming calls.
If You use the CallHippo Service from a device using mobile data connection (ex. 3G or 4G), incoming and outgoing calls will use a part of the data allowance of Your personal data plan. If You use a mobile data connection outside of Your home country, Your operator may charge You roaming fees.
All incoming & outgoing call charges will be deducted from the available calling credits in the account(depending on the plan opted). Calling credit comes with lifetime validity. Lifetime in case of CallHippo is defined as 3 years from the time of purchase.
CallHippo may change its Charges upon 7 days’ prior written notice
If Customer disputes in good faith any portion of an invoice, Customer must, within 10 calendar days of invoice issuance, provide CallHippo with written notice of dispute and documentation substantiating the basis for the dispute. Customer shall pay all undisputed amounts. If Customer does not dispute any portion of an invoice in writing within 10 calendar days, Customer shall have irrevocably waived its right to dispute that invoice
The Parties expressly acknowledge that CallHippo is not obliged to transfer to the Customer the specific complaint or request for information received from an LEA, as this is confidential in nature. However, this shall not preclude CallHippo to invoice the Customer the administrative fee for said request for information.
8. Fair Use Policy
CallHippo may offer currently or in the future plans on an "unlimited" use and/or “unlimited minutes” basis. All unlimited plans:
- May only be used for normal business use,
- Are provided only for live dialog between two individuals
- May not be used for any of the following prohibited use:
- Trunking or forwarding your CallHippo number to another phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
- 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, CallHippo is not recommended for massive bulk call-in lines for call centers handling over thousands of simultaneous calls like sports-line numbers, or TV gaming, etc.
CallHippo sets no limit to the number of calls received through the CallHippo app.
Toll free numbers are not included in Unlimited incoming calls.
CallHippo user must compliance with Telephone Consumer Protection Act (TCPA).
CallHippo reserves the right upon prior notice to disconnect or suspend your Service if CallHippo determines that your use of the Service violates any point of the Fair Use Policy above.
This Service Description may be amended from time to time whenever CallHippo adds or eliminates Services or to improve the characterizations of the Services. Continued use of the Services following such updates constitutes express acceptance of the new Service Description term.
Customer shall not make outgoing calls or send Messages or faxes using a CallHippo Number as CLI via a third party provider, unless mutually agreed in writing by the parties.
In case of prohibited activities by Customer or a User, CallHippo reserves the right to charge the Customer to cover the administrative expenses related to these activities, including, but not limited to, recovery of the costs of identifying offenders and restricting or terminating access to the service
SUSPICIOUS TRAFFIC : Customer understands and agrees that any suspicious or fraudulent traffic will be fully charged by CallHippo to Customer and CallHippo holds right to suspend customer's service without any prior notice and CallHippo can take legal action.
9. Portability and Reclaiming Numbers
Inbound portability is not an available option with the CallHippo Service (ie. porting a number to CallHippo). Upon special request, CallHippo may investigate the possibility to port manually a number, after assessing the implied cost. You may port Your CallHippo number to another provider as long as You have subscribed to a paid plan (i.e. You are not using the free trial) and have no pending dues. If You wish to port out Your CallHippo number to another service, You should request Your new service provider to take responsibility to this process. CallHippo will not charge You for porting Your number out of the CallHippo Service, but Your new service provider may charge You a fee for the portability. Although it is not CallHippo’s responsibility to port Your number out of CallHippo, You may as well request guidance from CallHippo on this process by writing to email@example.com.
Note- Not every number can be ported out and port out is completely dependent on our telephony provider, the rules of the country, the type of number etc. We will extend support in the port out process but cannot guarantee port out of every number you purchase via CallHippo.
10. Proprietary Rights
All right, title and interest in the Service and any content contained herein is the exclusive property of CallHippo, except as otherwise stated. Unless otherwise specified, this Service is for Your personal and limited commercial use only and You may print, copy and download any information or portion of the Site for Your personal use only. If You copy or download any information or software from this Site, You agree that You will not remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without CallHippo’s prior written approval. All trademarks, trade names, service marks and logos are proprietary to CallHippo. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by CallHippo, is strictly prohibited.
11. Refund Policy
Upon account cancellation, you don’t get refund for your past payments. You’re card is not charged from next billing cycle. If you remove a user from your account, new downgrade plan is applicable from next billing cycle.
No refunds will be issued on offers and discount.
Calling credits added by CallHippo as a part of offer, promotion or other gestures will be not be refunded.
Calling credits is refunded only when the due/outstanding amount on due invoices are clear.
Refund requests are accepted only under the following cases:
- Duplicate payment
- Charges done by mistake after account cancellation
- Calling credits will be refunded only upon the request.
- A refund for calling credits cannot be requested once the account is canceled.
- Calling credit can be refunded only when there is no pending payment to be made to CallHippo.
A per Number cancellation fee will be charged in the event that Customer cancels a port request, in the amount of: (i) 150% of the port fee if cancelled within 3 Business Days before porting date, (ii) 100% if cancelled 4-7 Business Days before porting date, and (iii) 50% in all other cases
Except for actions brought by CallHippo for non-payment, no claim for losses or damages whatsoever in connection with the Agreement shall be made more than six (6) months after the date of the event giving rise to such damages is known or reasonably should have been known to the party making such claim.
Customer expressly acknowledges and agrees that CallHippo shall in no circumstance be liable for any direct or indirect damages or any third party claims due to any failures of another service provider.
12. Content License
You grant CallHippo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that You have as the copyright owner in any content or feedback that You provided to us.
The materials on CallHippo’s web site are provided “as is”. CallHippo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CallHippo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Since the CallHippo Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the CallHippo Service should not be used with any third-party services or devices such as monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices.
In no event shall CallHippo or its suppliers be liable for any consequential, indirect, special, punitive or similar damages, including loss of data or profit, or business interruption, arising out of the use of, or inability to use, the Service, even if CallHippo or an CallHippo authorized representative has been notified orally or in writing of the possibility of such damage.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CallHippo OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. Any cause of action You may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.
Customer acknowledges and agrees that CallHippo cannot guarantee the actual delivery of Messages to the recipient's device for reasons such as (i) the recipient's mobile device is not switched on, or the mobile's device receipt of SMS has reached its limit; (ii) the recipient is located in an area which is not covered by his subscribed mobile provider;(iii) the recipient is not covered by his subscribed mobile provider for any other reason such as, but not limited to, non-payment of invoices or technical issues with the recipient's mobile provider's network.
Customer accepts that CallHippo’s network, website and API are provided on an "as is" basis and are not guaranteed to be error free. Communications and transactions conducted online may not be free of faults or absolutely secure. System failure may occur, and could limit Customer's accessibility to the Services.
The materials appearing on CallHippo’s Site may include technical, typographical, or photographic errors. CallHippo does not warrant that any of the materials on its Site are accurate, complete, or current. CallHippo may make changes to the materials contained on its Site at any time without notice. CallHippo however, makes no commitment of any kind to update the materials.
16. Assumption of Risk
You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While CallHippo has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, CallHippo is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. CallHippo shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
17. Your Responsibility to Protect Data and Password
It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying CallHippo of any unauthorized use of Your account, or breach of Your account information or password. CallHippo will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify CallHippo about unauthorized use of Your account or breach of Your account information or password.
The Site may include links to certain website, materials, or content developed by third parties. CallHippo has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CallHippo of the Site. Use of any such linked website is at Your own risk. CallHippo reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
19. Enforcing Security
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.
20. Compliance with Laws
You will use the CallHippo Service in full compliance with all applicable laws and regulations with regard to Your use of the Service including, without limitation, Indian laws, individual state laws, international laws and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a third-party telecommunications provider. If necessary and in accordance with applicable law, CallHippo will cooperate with local, state, federal, and/or international government authorities to protect its Site, Materials, Content, Services, Accounts, visitors, customers, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of its Site, Materials, Content, Services and Accounts.
CallHippo is fully authorized to access and (or) share your full details but not limited to demographics, billing, call logs, usage, IP addresses, users details, recordings whenever requested by law enforcement agencies, governing authorities or any regulating body.
CallHippo may record calls in some or all plans even if the user has not enabled call recording as a feature. This is to provide additional facility to users for retrieving call records in the future even if they have not enabled recording in the application. These call recordings may also be used to detect suspicious/fraudulent activities.
Customer shall develop and maintain a User’s register for each Number containing at least the following information for each Number: name, ID number, place of residence or business (street, number, zip code, city, country), corresponding IP address, business registration certificate where the User is a legal entity and any other relevant information (the “User Information”). At CallHippo's request, Customer shall submit to CallHippo within 24 hours (i) the User Information and (ii) all other relevant information concerning the services Customer is providing. To this end, Customer shall appoint a contact person that will be available 24 hours per day to CallHippo. Customer shall provide contact details for a representative responsible for handling law enforcement agency (“LEA”) requests and responding to CallHippo’s communications. Customer shall keep the User Information up to date and shall ensure that any User Information provided to CallHippo identifies the true User of that Number.
Customer acknowledges that if a Number is no longer in Customer’s account at the time of the LEA investigation, it does not release the Customer from being liable for the administrative fees if said request or complaint relates to the time when the Number was still in Customer’s account.
You will indemnify and hold CallHippo, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement, Your violation of any law, or the rights of a third party.
22. Termination of License/account/service
CallHippo may terminate Your right to use the Service with or without cause at any time, including when we feel that You are taking advantage of unlimited call redirection offered under a paid plan. We would consider “taking advantage” to be the breach of any point of CallHippo’s Fair Use Policy set above. You may also terminate this Agreement at any time directly from Your CallHippo account. Termination of this Agreement becomes effective at the end of the ongoing billing cycle.
Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Service as set forth in the Section Pricing & Billing shall survive such termination, and You agree to be bound by those terms.
CallHippo reserves the right to block/terminate/cancel/delete the subscription/account anytime with immediate effect if customer is found suspicious to any illegal/fraudulent/abuse/misuse/spamming from/of the system based on internal security parameters, policies, patterns, or reported by carrier, government agency or any government undertaking. No explanation will be provided to the customer and the decision cannot be questioned/contested against CallHippo whatsoever. CallHippo will not be questioned/responsible/liable for any losses due to this, whatsoever. The customer agree NOT to contest the billable or charges for the services used. Refund will be processed on pro-rata basis.
If Customer fails to (i) sufficiently fund its account to pay for the Services or (ii) properly dispute an unpaid invoice by the due date, CallHippo may terminate the Agreement and cease providing the Services without notice or liability to Customer. In such event, CallHippo may deactivate all Numbers allocated to Customer and cannot guarantee that any Numbers can be re-allocated to Customer upon reactivation of the Services. NRCs shall apply to reactivated Numbers. The rights and remedies provided in this clause are in addition to any provided by law or under the Agreement.
CallHippo may immediately terminate the Agreement without prior notice in following case:
it has reasonable grounds to believe that the Service is being used fraudulently, illegally, or in violation of the terms of this Agreement. CallHippo shall not be liable for any loss, damage or inconvenience suffered by Customer as a result of termination made pursuant to this clause. Customer will not be entitled to any compensation should such termination occur.
Upon termination, any unused credits in Customer’s business account will be cancelled and no refund will be payable, unless otherwise communicated in writing by CallHippo.
23. Governing Law
Any claim relating to CallHippo’s site shall be governed by the laws of the state of Gujarat, India without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or Indian court located in the state of Gujarat. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.
24. Waiver of Jury Trial
Each of the parties waives its rights to a trial by jury of all claims or causes of action (including counterclaims) related to or arising out of this agreement brought by either party against the other. This waiver will apply to any subsequent amendments of or modifications to this agreement.
25. No Class Actions
All claims between the parties related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.
26. Waiver of Compliance of this Agreement
Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.
Any and all waivers by CallHippo of any provision, condition or requirement of the Agreement will only be effective against CallHippo if it is in writing and signed by an authorized officer of CallHippo, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
27. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, CallHippo, Inc. for any third party that assumes our rights and obligations under this Agreement.
28. No Injunctive Relief
In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
29. Contacting Users
By using CallHippo Services, You agree that we may contact You, or Your Users, via voice call, text message or other electronic medium. In the event that any information You have provided to CallHippo changes, including but not limited to, e-mail or address, You agree to promptly update Your information.
30. Legality of Use
You should ensure that it is legal to use VOIP service like CallHippo in their country. Any call which is illegal or restricted by the law of your country should be restricted.
Call from Indian IP to Indian numbers is not allowed and hence you should not do it.