Please note: The official text is the English version of the FreeConferenceCall.com Terms of Service.
Last Updated: Jun 23, 2020
BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FREE CONFERENCING. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE ANY OF THE SERVICES.
1. DESCRIPTION OF SERVICES. The Services may include domestic and international audio, web and video conferencing services, live chat, voicemail, audio, web and video recording, virtual phone, calling and SMS plans, voice broadcasting services and other voice and messaging services. In addition, the Company offers assorted features and applications as part of its Services. Free Conferencing reserves the right, in its sole and absolute discretion and with or without notice to you, to change, limit, withdraw, modify, or end the Services, including without limitation any content, functionality, features, or services offered in connection with the Services or how you connect and interact with the Services.
2. REGISTRATION. To use certain Services, You must submit a complete Free Conferencing registration. As part of the registration process for these Services, You agree to: (i) provide certain information about You as prompted to do so by the Services; and (ii) enter, update, and maintain this information as required to keep it accurate, current, and complete. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Free Conferencing discovers that any of Your Registration Data is inaccurate, not current, or incomplete, Free Conferencing may terminate Your right to access and use the Services immediately upon notice to You. Free Conferencing will evaluate the registration application and notify You within a reasonable time of its acceptance or rejection. Free Conferencing may reject a registration application if it determines, in Free Conferencing's sole and absolute discretion, that the applicant is not an appropriate subscriber or user of the Services. Free Conferencing reserves the right to refuse the Service to any user for any reason, and Free Conferencing need not provide a reason for its rejection. You must be 18 years of age or older to register for the Service. By registering for this Service, You represent to Free Conferencing that You are 18 years of age or older. Upon Your acceptance of these Terms and completion of the registration process, You will have opened an account with Free Conferencing and will become a subscriber to the Free Conferencing Service.
3. FEEDBACK. Free Conferencing may ask users to provide certain information in exchange for the use of the Services and users may provide unsolicited feedback to us (collectively, "Feedback"). You agree You will not: (i) submit any Feedback not based on direct experience with the Services; (ii) attempt to manipulate the Feedback by posting Feedback more than once with respect to a particular experience or set of related experiences (except if Free Conferencing requests such information in more than one category); or (iii) post Feedback from an account other than the account Free Conferencing assigned to You. In addition, you hereby grant Free Conferencing a royalty-free, unrestricted, worldwide, perpetual, irrevocable non-exclusive license to use, copy, reproduce, modify, adapt, publicly sell and license, and create derivative works from, the Feedback for any commercial, non-commercial, promotional or other purpose.
4. FEES AND TAXES. There may be fees associated with the use of certain Services. Although Free Conferencing does not anticipate any changes to its pricing policy, Free Conferencing reserves the right to institute new charges for access to or use of the Services at any time upon not less than thirty (30) days' notice to the You, sent to the email address You provide to Free Conferencing as part of the Registration Data. It is Your responsibility to regularly review pricing information for changes posted in these Terms. Your continued use of the Services or non-termination of the Services after changes are posted constitutes Your acceptance of the modified prices or other changes. You shall be responsible for all applicable taxes and surcharges assessed to recover the costs of any governmental programs, including, without limitation, universal service fund charges, excise taxes, value-added taxes, state and local sales, use, gross receipts and similar taxes ("Taxes"). You agree to pay all Taxes applicable to the Services, unless you provided to us acceptable documentation showing you are exempt) and/or duties (collectively, "Taxes") imposed by any government entity or collecting agency based on the Services or Services, except those Taxes based on Free Conferencing net income, or those Taxes for which You have provided a certificate to Free Conferencing confirming You are exempt. If You fail to satisfy Your Tax obligations herein, You agree to reimburse Free Conferencing for any Taxes paid on Your behalf, and to indemnify, defend, and hold Free Conferencing harmless against any claim, liability, or penalties resulting therefrom. Your long distance carrier may also impose long distance charges associated with your calling plan. Check with your long distance carrier for more information.
5. DISPUTE RESOLUTION. All bills are presumed accurate, and shall be binding on you unless an objection is received by the Company in writing within thirty (30) days after such bills are rendered. No credits, refunds, or adjustments shall be granted if demand therefore is not received by the Company in writing within such thirty (30) day period. If you have an inquiry or complaint regarding Service or accounting, you may e-mail Start Meeting firstname.lastname@example.org, write to the Billing Department,FreeConferenceCall.com, P.O. Box 41069, Long Beach, CA 90853, Attention: Billing Department, or telephone (844) 844-1322. Please include your name, account number, the specific question or comment about the bill, and the dollar amount of the item(s) in question when submitting a billing request. If you believe thatFreeConferenceCall.com has billed you in error, please pay the undisputed charges in full and notifyFreeConferenceCall.com promptly. Adjustments to your bills shall be made to the extent that records are available and/or circumstances exist which reasonably indicate that such charges are not in accordance with approved rates, or that an adjustment may otherwise be appropriate. Where overbilling occurs, due either to the Company or to your error, no liability exists which will require the Company to pay any interest, dividend or other compensation on the amount overbilled.
6. NO RESALE OR COMMERCIAL USE OF THE SERVICES. Your right to use the Services is personal to You. You agree not to resell the Services, or other materials or any information obtained by You from Free Conferencing without the express written consent of Free Conferencing.
7. USER CONDUCT. You are solely responsible for the content of Your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all United States laws, rules, and other regulations applicable in connection with the Services; (ii) not to use the Services for illegal purposes; (iii) not to interfere or disrupt networks connected to the Services including by introducing viruses or other technologically harmful materials; (iv) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret, or other intellectual property rights or rights of publicity or privacy; (v) not to download, extract or redistribute the Freemoji™ character set, in whole or in part, or use the Freemoji™ character set in whole or in part, in any commercial film, television or video projects, and (vi) not to transmit, through the Services, Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature. In addition, You will not attempt to gain unauthorized access to other computer systems or attempt to override any security feature of the Services, and You will not interfere with another user's use and enjoyment of the Services or otherwise interfere with the proper functioning of the Services.
8. PROPRIETARY RIGHTS. You acknowledge and agree that the Services (including, without limitation, all content, information, data, items, materials, software, text, Freemojis™, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Free Conferencing, its licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. FREECONFERENCECALL.COM®, STARTMEETING®, FREEMOJIS™, and other names, logos, icons, and marks identifying Free Conferencing's products and services are trademarks of Free Conferencing and may not be used without the prior written consent of Free Conferencing. EMOJIONE® is a registered trademark of EmojiOne Inc., and may not be used without the prior written consent of EmojiOne Inc. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver, or otherwise transfer, directly or indirectly, the account access granted to You (in whole or in part) or create derivative works of this Service without Free Conferencing's prior written consent. In addition, You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Services. All rights not expressly granted in these Terms are reserved to Free Conferencing.
10. INFORMATION WE COLLECT AND DATA SECURITY.
Website Free Conferencing collects Navigational Information on visitors to our website. This refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed.
To obtain a conferencing account, you must provide additional registration information which includes an email address and a password. This information will enable you to log in and manage your call experience along with creating and storing recordings of your conferences.
Conferencing Accounts Once you have a registered account, you may choose to purchase additional services. Purchasing services requires us to collect and process payment information from you, including credit card number and billing information using third party PCI-compliant service providers.
If you are hosting or joining a registered user's conference call, our platform displays and stores call data records (CDR), which includes the caller identification (CID), caller's name and email address (if provided by the caller).
Free Conferencing may also collect Personal Information that you submit to us voluntarily when you correspond with us or interact with the Services. We may combine your Personal Information with information we receive offline, such as when you interact with our customer service group, or that we obtain through third-party sources including our community forum.
Mobile App As common practice, when a user downloads our mobile app, we collect and store anonymous device-related information.
Data Retention Free Conferencing keeps your account information, which could include your name, email address and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. For instance, when you provide a contact list for inviting others to use the Services, we delete the list after it is used. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm.
Information Security Free Conferencing uses a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security ("TLS") to encrypt all of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact Customer Support.
Request More Information About Your Data To make a request for information we hold about you, how to request access, correct, amend or delete your Personal Data, contact:
Please include "My Personal Data" in the subject line. Be sure to state the reason for the request, (i.e., amend my data, port my data or purge my data), along with your name, dial-in number and access code to properly identify your account. The email must come from the registered email address on file for the account.
*Please note: We will respond to your inquiry within 30 days of receipt of the request or within a maximum of three months for complex cases.
An overview of the technical and organizational data security measures Free Conferencing has implemented can be found in the Data Security Report.
11. MODIFICATIONS. Free Conferencing may amend these Terms at any time by: (i) posting revised Terms on the Service; or (ii) sending information regarding the Terms amendment to the email address You provide to us as part of the Registration Data. All changes are effective immediately when posted, and will apply to all access and use of Services thereafter. You are responsible for regularly reviewing the Service to obtain timely notice of such amendments. Your continued of the Services after amended Terms have been posted or information regarding such amendment has been sent to You constitutes your acceptance of those Terms. Otherwise, these Terms may not be amended except in writing signed by both parties.
12. PASSWORD AND SECURITY. Free Conferencing will initially generate Your dial-in numbers and access codes for access to this account and service platforms. You must carefully safeguard all of your account numbers. You are solely and exclusively responsible if You do not maintain the confidentiality of account information. In addition, You are solely and exclusively responsible for any and all activities that occur under Your account. You must immediately notify Free Conferencing of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your account information has been stolen or otherwise compromised.
13. EMERGENCY CALLING SERVICES. FreeConferenceCall does not provide Access to Emergency Services. The FreeConferenceCall Virtual Phone is not intended to be a replacement to your normal wireless phone service plan. Emergency service numbers and 911 calling are not accessible or available via the FCC Virtual Phone. Do not rely on the FCC Virtual Phone for contacting emergency services. To make emergency calls, you must make alternative communication agreements. FreeConferenceCall's software and products are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points ("Emergency Services"). You acknowledge and agree that: (i) it is your responsibility to purchase traditional wireless (mobile) or fixed-line telephone services that offer access to Emergency Services, and (ii) the FreeConferenceCall virtual phone is not a replacement for your primary telephone service.
14. TERMINATION. Free Conferencing may immediately terminate Your Account and right to use the Services if: (i) You breach these Terms; (ii) we are unable to verify or authenticate any information You provide to us; (iii) you provide false, misleading, or otherwise inaccurate information to us; or (iv) we decide, in our sole and absolute discretion, to discontinue offering the Services. Should You object to any of the Terms, or any subsequent modifications thereto, or should you become dissatisfied with the Services in any way, Your sole recourse is to immediately: (1) discontinue use of the Services; (2) terminate your membership; and (3) notify us of termination. Upon termination of membership, Your right to use the Services immediately ceases; however, certain payment obligations may still apply.
15. MISUSE OF VIRTUAL PHONE. By activating or renewing your virtual phone service with FreeConferenceCall, you agree that you do so because you want virtual phone service from FreeConferenceCall and not for any other purposes. FreeConferenceCall Service plans may only be used for the following purposes (and your use of FreeConferenceCall Service must be initiated from your supported, compatible Device): voice calls between two individuals; You agree not to misuse the Service, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or "denial of service" attacks; (c) using the Service as a substitute or backup for private lines; (d) using the Service for continuous, mobile to mobile or mobile to landline voice calls; (e) "spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling FreeConferenceCall Devices for profit, or tampering with, reprogramming or altering FreeConferenceCall service for the purpose of reselling the FreeConferenceCall service; (g) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections (h) accessing, or attempting to access without authority, the information, accounts of others, or to penetrate, or attempt to penetrate, FreeConferenceCall's or another entity's network or systems; (i) running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or "keep alive" functions(j) using the Service to relay voice calls; or (k) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. Voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, relay services, interconnection to other networks, telemarketing activity, autodialed calls or robocalls. For my information about the acceptable use of the virtual phone go to www.FreeConferenceCall.com/phone/acceptableuse.
16. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FREE CONFERENCING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FREE CONFERENCING MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, RELIABLE, ACCURATE, OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED; (III) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SERVICES; (IV) THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL COMPONENTS; OR (V) THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OR IS CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, ACCESS, OR DOWNLOADING OF THE SERVICES. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREE CONFERENCING OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
17. LIMITATION OF LIABILITY. IN NO EVENT SHALL FREE CONFERENCING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR REVENUE, EVEN IF FREE CONFERENCING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FREE CONFERENCING'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, CAUSES OF ACTION, LOSSES, AND COSTS IN THE AGGREGATE IS LIMITED TO $100.
18. INDEMNITY. You hereby agree, at Your sole cost and expense, to indemnify, defend, and hold FREE CONFERENCING harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to: (i) a third-party claim, action, or allegation of infringement based on information, data, files, or other content submitted or transmitted through the Services by You; (ii) any fraud or manipulation, or other breach of these Terms by You; or (iii) any third-party claim, action, or allegation brought against FREE CONFERENCING arising out of or relating to Your use of the Services.
19. GENERAL TERMS. These Terms are governed in all respects by the laws of the State of California, without giving effect to its choice or conflict of law principles. Both Parties submit to personal jurisdiction in California and further agree that any cause of action relating to these Terms shall be brought in a court in Los Angeles County, California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain valid and enforceable. FREE CONFERENCING's failure to act with respect to a breach of these Terms by You does not waive FREE CONFERENCING's right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each Party's successors and assigns. FREE CONFERENCING shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond FREE CONFERENCING's reasonable control. Unless otherwise provided in this Agreement, FREE CONFERENCING will send any notice(s) to you that may be required or permitted under this Agreement to the email or mailing address you provide as part of the Registration Data. Any notice to FREE CONFERENCING must be sent via email to email@example.com. Notices so given shall be deemed effective when received, or if not received by reason of fault of addressee, when sent. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter herein and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
FreeConferenceCall.com controls and maintains this web site from the United States and makes no representation that the information provided on or via this web site is appropriate or available for use in other locations. If you use this web site from other locations, you are responsible for compliance with applicable local laws.
FreeConferenceCall.com provides translations of its website and materials as a convenience to users of its products and services. We make reasonable efforts to provide accurate translations. However, no automated or computerized translation is perfect or is intended to replace traditional translation methods. Translations are provided "AS IS". We make no warranty of any kind, either expressed or implied, as to the accuracy of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to technology limitations.
The official text is the English version of the FreeConferenceCall.com website and terms and conditions. If you have any questions concerning the meaning or accuracy of the translated version, please refer to the English version of the website and the associated terms and conditions, which are controlling.
This web site and its Disclaimer are governed by and shall be construed in accordance with the laws of the State of California, U.S.A. and the laws of the United States. All disputes arising out of or in connection with this Disclaimer shall be brought in a court in Los Angeles County, California, U.S.A.
You understand and agree that You are solely and exclusively responsible for periodically reviewing these Terms.