BY ACCESSING OR USING ANY PART OF OUR WEBSITES OR PHONEBURNER SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE OR OUR SERVICES. YOU MAY ALSO BE ASKED TO RE-ACCEPT OUR THEN-CURRENT TERMS EVERY TIME YOU MAKE ANY USE OF ANY SERVICE PROVIDED BY PHONEBURNER. REGARDLESS, YOU ARE BOUND BY THIS AGREEMENT IF YOU PROCEED TO USE OUR SITE OR SYSTEM IN ANY WAY.
Any questions concerning this agreement should be referred to [email protected]. We are happy to negotiate alternative terms so long as that takes place before Your use of Our services.
This Terms and Conditions of Service agreement (“TOS” or “Agreement”) is a legally binding agreement made by and between PhoneBurner. (“PhoneBurner”, “We” or “Us”) and You personally and, if You use the services for business, Your business entity (collectively, “Client” or “You”). These TOS govern Your use of phoneburner.com and all related Web pages, portals and interfaces (collectively, the “Site”) and the services We offer on or through the Site, so please read it carefully.
Upon payment of all required fees, and so long as You continue in compliance with this TOS and with the law, You will be granted a limited, revocable, non-exclusive license to access the selected software calling services (“System” or “Services”) through the Site until this Agreement is terminated.
PhoneBurner is not a data broker or lead generator. Rather, it is merely a telephone technology platform. As such, PhoneBurner has no ability, is not responsible, and assumes no obligations regarding the source or accuracy of Your telephone number lead data, which must be selected by Client. It is solely Client’s responsibility to select compliant data sources.
By signing up for or using features provided by third party service providers, such as personalized AI training, Branded Caller ID, or other services or integrations, whether offered by a licensor or an integrated service provider, such as SalesForce, which may be available to You now or in the future, You may have access to external resources provided by third parties. You acknowledge and accept that PhoneBurner has no control over such resources and is therefore not responsible for their content and availability.
Terms and conditions applicable to any such third-party resources or features, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions and privacy policy or, in the absence of such policies, applicable statutory law.
Your visit to Our Site and use of Your personal information is also governed by Our Privacy Policy, which is updated at least annually. Please review PhoneBurner’s Privacy Policy at https://www.phoneburner.com/policies/privacy. PhoneBurner will not sell Your information. We reserve the right, and You authorize Us, to use and assign all information regarding Your use of the Site and all information provided by and/or created by You and/or collected by the Site in any manner consistent with Our Privacy Policy. We may use Your information and information collected by the Site, including but not limited to technical or diagnostic information, the content You create for SMS, Email, Click to Present, and Pre Recorded Voicemail, Your call audio and call recordings, and Your suggestions or feedback, in order to provide the Services to You, maintain, improve, and enhance the System, respond to legal requests for information about potentially wrongful use of the System, and to monitor the System for wrongful use, including but not limited to use that may violate Our Acceptable Use Policy . We have no control over, and are not responsible for, the privacy of any content that You have shared with others, so always use caution when providing any personally identifiable information. To the extent allowed by law, You agree to be solely liable for any consequences arising from Your voluntary disclosure of personal information.
The System is owned, trademarked and copyrighted by PhoneBurner, and is protected by United States copyright, trademark and other state, federal, and international intellectual property laws. Through use of the System, You may have access to information, communications, software, photos, text, video, graphics, music, sound, images, and other materials owned, trademarked or copyrighted by PhoneBurner ("Content") or its licensors. You do not have any ownership interest in the Content, the System, or improvements and modifications to the System. Nothing in this Agreement shall be construed to transfer any of the Site's proprietary or intellectual property rights to You. You may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to decipher any code in connection with the System and/or any other aspect of PhoneBurner's technology.
You agree to keep confidential and safeguard, using commercially reasonable means, all PhoneBurner information You may view or obtain through Your use of the Site or System.
Your visit to Our Site and registration and use of the Site is also governed by PhoneBurner’s Acceptable Use Policy (“AUP”). Please review PhoneBurner’s AUP at http://www.phoneburner.com/homepage/acceptable-use.
By accessing or using any part of Our Site or any PhoneBurner services, You agree that You have read, understand, and agree to comply with the AUP and shall cause Your customers and end users to comply with the AUP. You agree to indemnify and hold PhoneBurner harmless from and against all claims, expenses, liabilities, losses, or other damages (including attorneys’ fees and costs) arising in favor of any person, firm, or corporation arising out of or related to violation or alleged violation of the AUP.
PhoneBurner retains the right, at its sole discretion, to determine whether Your conduct and use of the Site is consistent with the letter and spirit of this Agreement and the AUP and may deny, suspend, or terminate Your registration and/or access to the Site and/or the use of any Services if Your conduct is found to be inconsistent with the same.
PhoneBurner reserves the right, at its sole discretion, to monitor Your traffic patterns and Your use of the Site to determine if the Site is being used in violation of the AUP. If PhoneBurner determines, in its sole discretion, that You are in violation of its AUP, PhoneBurner may immediately suspend or terminate permission for You to use the Site, any Services, and/or any portion of the Site. PhoneBurner will use commercially reasonable efforts to notify You of its determination that the Site is being used in violation of the AUP and may provide You with up to three (3) days to remedy such violation(s) prior to denying, suspending, or terminating Your registration and/or access to the Site. In addition, PhoneBurner may investigate incidents that are contrary to the AUP and provide requested information to third parties who have provided notice to PhoneBurner stating that they have been harmed by Your failure to abide by the AUP and/or any other portion of this Agreement. PhoneBurner may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of the AUP. Any violations or attempted or alleged violations of the AUP by You (or Your customers or end users, or any third party on behalf of any of the foregoing) will constitute a violation of the AUP by You and will be deemed a material breach of this Agreement.
Any failure or perceived failure by PhoneBurner to enforce this policy does not amount to a waiver of PhoneBurner’s rights and remedies.
Client is required to use the Site and Services in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) professional licensing requirements; (b) Do-Not-Call (“DNC”) list prohibitions; (c) telephone solicitor registration and bonding requirements; (d) consumer cancellation rights; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems, pre-recorded messages, and artificial voices including voices generated by Artificial Intelligence or AI; (g) opt-out rules; (h) mandatory disclosures (i) intellectual property rights and restrictions; (j) all call record retention requirements; and (k) all other product and industry regulations. All PhoneBurner offers are void where prohibited by law.
By making any use of the Services or Site, Client expressly warrants to PhoneBurner that Client is and shall continue to act in full compliance with the law. Client agrees that Client has read and understands the FTC’s Telemarketing Sales Rule (“TSR”), the FCC’s Telephone Consumer Protection Act (“TCPA”), if applicable, the Canadian Radio-television and Telecommunications Unsolicited Telecommunications Rules (“UTR”), and all other applicable laws and regulations. Client should review these rules with Client’s own legal counsel to ensure that Client understands and is fully compliant. PhoneBurner does not assume responsibility for ensuring that Client’s marketing campaigns meet applicable legal requirements. PhoneBurner will not assume any liability if Client is held guilty or liable for any law violation. Notwithstanding the foregoing, Client acknowledges that PhoneBurner has and is taking active steps to ensure the compliance of its customers, including by having Client agree to this TOS, the AUP, and otherwise. Additional compliance obligations include:
We do not take any responsibility for monitoring any usage of the System. It is Your responsibility to ensure that all of Your usage of the System complies with this TOS and the AUP; We are not Your compliance officer and will not make compliance decisions for You.
If You elect to use PhoneBurner’s ARMOR™ services, You agree that PhoneBurner may use any information provided by You and/or received from the carriers and/or the analytics companies to deliver the ARMOR™ service. You understand that our ability to provide ARMOR™ for your numbers is dependent on third-party decisions as well as contextual information about your calls, why your calls are not unwanted, and information about your business that is not covered by Our standard Business Verification Form.
In addition, You hereby appoint and authorize Us to and our Service Providers to perform such services, and for and on behalf of You, including but not limited to (a) obtaining CPNI information regarding the services provided to You; (b) providing the customer name to be shown in Caller ID field; (c) registering/re-registering the customer CNAM; (d) requesting any telecommunications company to update, revise and/or correct improper name(s) and/or any negative association or “spam” references in the Caller ID field and to unblock calls made from Your telephone number not be blocked; (e) masking Your telephone numbers to simulate Your outbound calls; and/or (f) performing any other services necessary to provide the ARMOR™ services. This designation and appointment, along with the rights provided herein, shall continue until withdrawn by written notice to [email protected] or cancellation of the service.
Our ability to deliver the ARMOR™ service benefits to You is dependent on Your timely, complete, and accurate submission of and updates to Our Business Verification Form in combination with Your compliance with Our Acceptable Use Policy. If you plan to make calls to Canada or Puerto Rico, you must tell our representative so we can take steps to specially register your numbers outside the U.S. industry.
Certain optional ARMOR™ features may cause one or more numbers to be automatically suspended by the service or manually by your team with respect to outbound calls, and you understand that any fees for use of these numbers will still be billable and are not refundable.
PhoneBurner and its licensors shall use commercially reasonable efforts to ensure the availability of the System and its features to You. Notwithstanding the foregoing, PhoneBurner does not guarantee any uptime, availability, performance, or integrity of the System unless You have an account that also includes a written Service Level Agreement (“SLA”). Any such written SLA excludes any integrated or third-party service unless otherwise agreed to in writing by all parties. PhoneBurner shall not be liable to You for the unavailability of the System or the failure of the System to perform in accordance with its specifications. Nor shall PhoneBurner be liable to You for any unavailability of its integrated or third-party services or the failure of the integrated or third-party services to perform in accordance with their specifications.
PhoneBurner is not required, regardless of Your account level, to provide any prior notice of planned or unplanned downtime.
We welcome specific comments regarding the System. If You send Us creative suggestions, ideas, notes, drawings, concepts or other information (collectively “Information”), the Information shall be deemed, and shall remain, the property of the Site. None of the Information shall be subject to any obligation of confidentiality on the part of the Site and the Site shall not be liable or owe any compensation for any use or disclosure of the Information.
PhoneBurner and others are either trademarks or registered trademarks of PhoneBurner Other product and company names mentioned on this Site may be trademarks of their respective owners.
No financial, legal, or tax advice or counsel is given, or shall be deemed to have been given by PhoneBurner or its affiliates and contractors, or by the System or Services.
Client shall assume, pay, indemnify, hold harmless and reimburse PhoneBurner and its owners, employees, agents, affiliates, contractors, successors and assigns for any and all liabilities, damages, claims, suits, settlements, judgments, investigations, including but not limited to inquiries from the Industry Traceback Group (“ITG”) or other governmental entities, subpoenas, civil investigative demands, costs, and expenses (including reasonable attorney’s fees and court costs) directly or indirectly incurred by PhoneBurner to the extent the same are related in any way to this Agreement or to Client’s use of the System or Services. Upon receipt of any demand or claim by PhoneBurner related to Client, PhoneBurner may elect to turn the defense and resolution of such claim over to Client, who shall then bear all costs and expenses and shall promptly investigate and settle or otherwise resolve any such claim to PhoneBurner’s full satisfaction. Alternatively, PhoneBurner may elect to defend any such claim on its own and then to obtain reimbursement from Client on an ongoing basis or at the conclusion of the matter. In either case, PhoneBurner and Client shall cooperate and share necessary information in any such defense. Client agrees that PhoneBurner may provide certain information about Client if PhoneBurner receives a subpoena or similar investigative demand from a court or regulator with competent jurisdiction, including, without limitation, the ITG. Client agrees to cooperate and assist in PhoneBurner’s response in the event PhoneBurner requests the same.
Except for the indemnification obligations set forth above, neither party shall be liable for any consequential, incidental, special or indirect damages (including, but not limited to, loss of profits, goodwill, use, data, or other intangible items) even if the other party has been advised of the possibility of such damages or losses. PhoneBurner is not responsible for any failure of a third-party DNC or wireless list provider to deliver its data accurately, completely or in a timely way, PhoneBurner is not responsible for damages resulting from improper or incomplete use by Client of PhoneBurner’s Services. With respect to any other damages, PhoneBurner’s liability hereunder shall in no event exceed an amount equal to the amount actually paid by Client to PhoneBurner in the month prior to a claim being made, regardless of the basis for the claim. Client understands that this is a significant limitation on Client right to sue PhoneBurner and Client should not proceed if Client does not agree. PhoneBurner shall not be bound by any typographical or other error or misprint in its marketing materials or online purchase Websites, so long as PhoneBurner provides prompt notice of any such error and corrects the same, upon discovery. Except as otherwise provided herein, THE SYSTEM AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PHONEBURNER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM OR SERVICES, EVEN IF PHONEBURNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any content downloaded or otherwise obtained through the use of any integrated or third-party services is downloaded at Your own risk and You shall be solely responsible for any damage to Your computer system or mobile device or loss of date that results from such download or Your use of the integrated or third-party service.
PhoneBurner and its licensors do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party, including licensors, or any hyperlinked website or service, and PhoneBurner and its licensors shall not be a party to or in any way monitor any transaction between You and any third-party providers of products or services.
If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to Our Copyright Agent:
PhoneBurner
1968 S. Coast Hwy, Suite 1800, Laguna Beach, CA 92651
[email protected]
888-276-0932
You agree that the laws of the State of California, without regard to conflicts of law provisions, will govern this Agreement, Your use of the System and any dispute that may arise between You and Us. Any future legal proceeding between the parties shall be brought and heard only in the State and Federal courts of California and You hereby irrevocably consent to the jurisdiction of the same.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
This Agreement shall become effective on the date it is agreed upon by both parties. The initial term of this agreement shall be for one (1) month or such other term as is agreed upon by the parties in writing. The Agreement will then automatically renew, if has not been canceled by either party, for additional 1-month renewal terms or such other terms as agreed upon by the parties in writing. This Agreement may be terminated by either party at any time, for any reason or no reason, on notice to the other or by Client’s ceasing payment of fees. If PhoneBurner determines, in its sole discretion, that Client has or may have breached this Agreement in any way or violated the law with regard to its marketing campaigns or its use of the System or Services, PhoneBurner may immediately suspend or terminate this Agreement.
Any provision of this Agreement, which by its nature, would naturally survive the termination of this Agreement, shall expressly survive any termination, including without limitation, those provisions related to indemnity, compliance with law, intellectual property, non-circumvention and notices.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF THE SITE OR SERVICES CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.
HOW TO CONTACT US:
PhoneBurner
1968 S. Coast Hwy, Suite 1800
Laguna Beach, CA 92651
888 276 0932
[email protected]
www.phoneburner.com
This policy is effective Aug 5, 2024