INVOX Call Tracking provides its services subject to the terms and conditions contained in these Terms of Service (the “Terms”). To become eligible to use INVOX Call Tracking services, you must review and accept the Terms by clicking the “I accept” check box when you create your account or other mechanisms provided.
Please review the Terms carefully. Once accepted, these Terms become a binding legal commitment (“Agreement”). If you have any questions, you can reach INVOX Call Tracking at https://www.invox.ro/contact
These Terms apply to use of INVOX Call Tracking on invox.ro, app.invox.ro, appcalltracking.com or other re-branded/white labeled versions of the INVOX Call Tracking software. Use and access to these sites, the telephone services provided, call tracking technology, and reporting software (the “Services”) described below are subject to these Terms.
“Customer”: The individual accepting the Terms or the entity such individual represents. If you are accepting these Terms for a company or agency, you hereby warrant that you (1) have the legal right and authority to enter into these Terms for the company as named in the Account, (2) acknowledge that you are accepting these Terms on behalf of a company or other entity (3) you are binding the company or other entity to the Terms and (4) if you becomes no longer affiliated with the company or entity in which you entered the agreement under, then the account and associated content and data is maintained as the property of the company or entity, and the authorized officers of that organization.
“Customer Data”: Data and other information made available to INVOX Call Tracking through the use of INVOX services including call records, audio recordings and recording transcriptions.
- Electronic Communications:
When Customer visits or send e-mails to us, they are communicating with us electronically. When they create an account and enter their email address, they consent to receive communications from us electronically. We will communicate with Customer by e-mail or by posting notices on this site. Customer agrees that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
INVOX Call Tracking services (“Services”) consist of one or more of the following: a web-based interface, website number insertion, information about the caller, call forwarding, browser phone, advertising channel information for incoming phone calls, call and text data access, call and text data storage as well as software maintenance and upgrades and customer support.
Customer will be solely responsible for all use (whether or not authorized) of the INVOX Call Tracking Services under its account. Customer will ensure that it has a written agreement with each End User ("End User Agreement") that enables INVOX Call Tracking to use all Customer Data as necessary to provide the Services and that protects INVOX Call Tracking rights to the same extent as the terms of this Agreement. The End User Agreement must include terms concerning restrictions on use, protection of proprietary rights, disclaimer of warranties and limitations of liability. INVOX Call Tracking agrees that, subject to the foregoing requirements, the End User Agreement need not specifically refer to INVOX Call Tracking. Customer will promptly notify INVOX Call Tracking if it becomes aware of any breach of the terms of the End User Agreement that may affect INVOX Call Tracking. Customer will take all reasonable precautions to prevent unauthorized access to or use of the INVOX Call Tracking Services and notify INVOX Call Tracking promptly of any such unauthorized access or use.
Services described on the INVOX Call Tracking sites may or may not be available in all countries or regions of the world and may be available under different trademarks in different countries. Customer agrees to use the INVOX Call Tracking Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
Customer will not use the INVOX Call Tracking Services to access or allow access to Emergency Services. Customer will ensure that the INVOX Call Tracking Services provided hereunder are used in accordance with all applicable laws, regulations and third party rights, as well as the terms of this Agreement. Specifically and without limitation, Customer will ensure that INVOX Call Tracking is entitled to use the Customer Data as needed to provide the INVOX Call Tracking Services and will not use the INVOX Call Tracking Services in any manner that violates any data protection statute, regulation, order or similar law. Except as allowed by applicable law, with respect to any software provided to Customer hereunder, Customer will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive the source code of such software.
- User Accounts
Customer may use the service through the use of their username and password login. Customer shall provide INVOX Call Tracking with accurate, complete and regularly updated profile information associated with their login. They agree to notify INVOX Call Tracking of any known or suspected unauthorized use of their user login account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. Customer shall be responsible for maintaining the confidentiality of their password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of the user account, in INVOX Call Tracking sole discretion, and Customer may be reported to appropriate law-enforcement agencies.
- Termination of Agreement
7.1 Term: The term will commence on the date these Terms are accepted by Customer and continue for a period of twelve months. These Terms will automatically renew for additional one year terms unless either party provides notice of non-renewal no less than 60 days prior to the end of a renewal term.
7.2 Termination by INVOX Call Tracking: INVOX Call Tracking may also suspend the Services immediately upon notice for cause if:
(a) Customer violates (or gives INVOX Call Tracking reason to believe it has violated) any provision of these Terms;
(b) there is an unusual spike or increase in Customer's use of the INVOX Call Tracking Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the INVOX Call Tracking Services;
(c) INVOX Call Tracking determines, in its sole discretion, that its provision of any of the INVOX Call Tracking Services is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or
(d) subject to applicable law, upon Customer's liquidation, commencement of dissolution proceedings, disposal of Customer assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if Customer become the subject of bankruptcy or similar proceeding.
(e) the available balance falls below $0 in the Customer’s Account(s). When this happens, past call data and reports will still be accessible up to a period of 60 days, but tracking numbers will be released as they come up for renewal and phone calls will no longer be active. Any numbers that come up for renewal while the available balance does not have funds in it will be released.
(f) Or any other date upon which INVOX Call Tracking has the right to terminate the Account(s) or suspend the Service as provided in this Agreement or any other applicable agreement or policy.
7.3 Termination By Customer: Customer may cancel Services through the cancellation process on the account settings page within the INVOX Call Tracking website or for agencies, that may be done on the agency settings page. Such cancellation will prompt Customer to confirm the release of all active tracking numbers associated with the account and will stop the monthly fees for numbers and chosen plan from being charged going forward. In addition, no phone calls will be connected through the tracking numbers once the account has been cancelled.
After canceling an account, the available balance will be preserved for when/if the Customer reactivates the account. If Customer would like to request a refund of the available balance, please contact us at email@example.com. While not guaranteed, INVOX Call Tracking is generally able to refund any unused funds in the available balance upon cancellation provided the account is in good standing and the transactions funding the available balance have occurred within the past 3 months. For refunds in excess of 500 €, bank transaction fees will be withheld from any refunds.
7.4 Account Data Upon Termination: INVOX Call Tracking may, after 60 days post Account cancellation, delete all Customer Data, including, but not limited to, calling history, audio files, configuration profiles, and other information indicative of Customer’s use of the service.
- Price and Payment:
8.1 Account Available Balance: In order to start using INVOX Call Tracking service, Customer will need to select a service plan and pay any respective service plan monthly software fees upfront for the first 30 days of service AND input money into the new account to use to start purchasing numbers and consume minutes.
Customer grants INVOX Call Tracking the right to charge the credit card provided in their Account for all fees incurred under this policy.
Thereafter, any monthly software fees for the chosen service plan, the monthly fee for phone numbers, the per minute charges for minutes used will all be deducted from the available balance.
8.2 Tracking Numbers: Each tracking number purchased is valid for 30 days of service and will thereafter automatically renew for successive additional 30-day periods. The monthly renewal fee for the number will be deducted from the available balance. Customer can cancel a tracking number by contacting us at firstname.lastname@example.org.
8.3 Per Minute Charges: For clarification and without limitation to which plan has been selected, INVOX Call Tracking shall bill for all minutes of usage for each call from the instant a call is initiated by, or connected to, the INVOX Call Tracking network to the instant all parties to such call are disconnected. Call duration calculations will be rounded up to the nearest minute.
8.4 Interest: Until paid in full, all past due amounts will bear an additional charge of the lesser of 0,5% per day or the maximum amount permitted under applicable law.
8.5 Late Payments: If INVOX Call Tracking requires use of collection agencies, attorneys, or courts of law for collection on the account, Customer will be responsible for those expenses. Customer will be responsible for all use, sales, and other taxes imposed on the Services provided under this policy.
8.6 Pricing Changes: INVOX Call Tracking may change any portion of the Fees by posting the changes to the Sites or otherwise notifying customers of the change, such changes to take effect at the beginning of the next period of service.
8.7 Disputed Charges: Billing disputes must be submitted within 30 days of the applicable billing date or are deemed waived. Disputes shall be considered in the order received and are subject to determination in the sole judgment of INVOX Call Tracking. If a valid, settled transaction is disputed through the processing bank as a "chargeback" and thus the transaction is reversed, the amount of that transaction will be deducted from the current available balance of the corresponding account AND a $50 processing fee will be applied to the account. Please take care to not dispute valid transactions.
8.8 Use of Secondary Carrier: Customers may request tracking numbers that are not available through our primary carrier. These numbers may have different monthly and per minute rates than the standard rates for the plan. Customer will be notified of these differences prior to INVOX Call Tracking procuring the number and customer needs to agree in writing to ok the difference.
- Security Rules:
Customer is prohibited from violating or attempting to violate the security of the INVOX Call Tracking Sites and Services and from using the INVOX Call Tracking Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for Customer or logging into a server or account which Customer is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the INVOX Call Tracking Sites or Services, host or network, including, without limitation, via means of submitting a virus to the INVOX Call Tracking Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. INVOX Call Tracking may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the INVOX Call Tracking Sites who are involved in such violations.
- Compliance with Laws:
Customers using the Service for telemarketing or similarly regulated purposes are directly and solely responsible for compliance with applicable laws, including without limitation for filing, subscribing, or holding appropriate regulatory compliance documentation as required by competent jurisdictions and/or the purchase of access to any do-not-call lists and the like.
Customer agrees to familiarize himself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under their account, including without limitation the content of the phone calls and messages transmitted through the INVOX Call Tracking Services.
Customer accepts that the Services are provided for professional use only, and agree that their use of the INVOX Call Tracking Sites or Services shall not include:
- Sending unsolicited marketing messages or broadcasts (i.e. spam);
- Sending any calls to life-line services, such as hospitals, fire, police, 112 or utility-related telephone numbers;
- Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
- Harvesting, or otherwise collecting information about others, without their consent;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
- Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
- Interfering with another's use and enjoyment of the Services or INVOX Call Tracking Sites; or
- Engaging in any other activity that INVOX Call Tracking believes could subject it to criminal liability or civil penalty/judgment.
Customer will not purposely route calls to high cost areas for origination or termination of telecommunications traffic on the INVOX Call Tracking system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by INVOX Call Tracking and fines may be assessed to recover excess charges from INVOX Call Tracking carriers.
Any violation of INVOX Call Tracking policies will be grounds for termination of the Account, at INVOX Call Tracking' sole discretion, Customer may be reported to appropriate law enforcement agencies.
- Changes to Service:
INVOX Call Tracking may at any time change or modify the features and functions of the Services may change over time. INVOX Call Tracking will use reasonable efforts to notify Customer at least 60 days prior to implementation of a change in Service and to provide information required for Customer to continue to use the Services.
- Telephone Numbers:
INVOX Call Tracking will use commercially reasonable efforts to obtain the telephone number(s) requested, and use commercially reasonable efforts to initiate and complete port requests. Customer acknowledges that INVOX Call Tracking may need to change the telephone number assigned to the Customer (due to an area code reassignment or split, or for any other reason). Customer acknowledges that if the Service is suspended or terminated due to non-payment or breach of this Agreement, Customer may not be able to obtain the same local or toll free numbers should the Service be reactivated. INVOX Call Tracking may, after 30 days post-cancellation of service and the inability or lack of desire to port the telephone number, remove all telephone numbers from Account.
You acknowledge that we are the “customer of record” for all phone numbers provided as part of our Services. As the customer of record, INVOX Call Tracking has certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Terms. Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number in our sole discretion. Regardless, we may allow you to port away phone numbers, so long as you (1) have an account in good standing, and (2) have either ported in or purchased the phone number more than 90 days prior to the port-away date. Any attempts to use INVOX Call Tracking merely a source of numbers to be immediately ported away without use of the numbers on our system is not permitted and is grounds for Termination.
- Call Recording:
INVOX Call Tracking makes available technology that offers the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, INVOX Call Tracking will, at the Customer’s discretion, create a digital audio recording of the telephone call. INVOX Call Tracking provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded.
If Customer chooses to record telephone calls, they expressly agree and acknowledge that:
1) They authorize INVOX Call Tracking to make incoming call recordings on their behalf and
2) They either: 1. Authorize INVOX Call Tracking to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call; OR 2. Have made the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of an call in accordance with the law.
INVOX Call Tracking shall have no liability whatsoever in respect of any use made by Customer, their employees, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.
- DISCLAIMER OF WARRANTIES:
INVOX CALL TRACKING HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE.
INVOX CALL TRACKING’ SERVICES AND PROPERTIES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW. INVOX CALL TRACKING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE CALL TRACKING SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
- EXCLUSION OF DAMAGES, LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL INVOX CALL TRACKING BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF INVOX CALL TRACKING HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL INVOX CALL TRACKING BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE SIX MONTHS PRECEDING THE INCIDENT OR CLAIM.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
THE INVOX CALL TRACKING SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER INVOX CALL TRACKING NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD INVOX CALL TRACKING HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE INVOX CALL TRACKING SERVICES TO CONTACT EMERGENCY SERVICES.
- Intellectual Property Rights:
16.1 Ownership: The brand names, slogans, trademarks, service marks, designs, and logos used on the INVOX Call Tracking Website or in conjunction with the Service, including without limitation INVOX Call Tracking (collectively, the "Marks") are the trademarks of INVOX Call Tracking and its licensors.
Customer further agrees not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the Marks without the prior written consent of INVOX Call Tracking.
16.2 Site Content: All information and materials published, transmitted, or otherwise available on the INVOX Call Tracking Website or through the Service (including, but not limited to, terms of service, use policies, service documentation, user help, informational resources, images, equipment configurations, audio clips, and video clips, collectively, "Content") are protected by copyright or trademarked (as applicable), and owned or controlled by INVOX Call Tracking, its licensors, or affiliated companies. Customer shall abide by all copyright and trademark notices, limitations, and restrictions applicable to any Content or to the Service. Without limiting the foregoing, no Content may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Service in accordance with its intended use, nor may derivative works be created from it or distributed in any way.
16.3 Proprietary Technology: The software, hardware, and other technologies which INVOX Call Tracking uses to deliver the Service (the "INVOX Call Tracking Technologies") contain confidential and proprietary information, trade secrets, and other property rights belonging to INVOX Call Tracking and its licensors, and all rights to the INVOX Call Tracking Technologies and all property rights related to the Service, including without limitation all patents (registered or unregistered), trade secrets (including diagrams, drawings, processes, production methods, information, data, computer software, and formulas), copyrights (whether registered or unregistered), domain names and sub domains, end-user and consumer information, work product resulting from custom implementation services, and contract rights, including all derivative works thereof (whether produced by INVOX Call Tracking, Customer, or otherwise), shall remain exclusively with INVOX Call Tracking and its applicable licensors.
Customer rights to the INVOX Call Tracking Technologies are limited to a non-exclusive and non-transferable runtime right solely during the term of the applicable Account subscription and solely for the purpose of using the Service. All Service is hosted by INVOX Call Tracking and no software code (other than APIs if INVOX Call Tracking agrees to provide the same in its sole discretion) will be provided to Customer.
16.4 Derivative Works: Customer may not modify, create derivative works or, redistribute, sell, decompile, reverse engineer, or disassemble the INVOX Call Tracking Technologies or otherwise attempt to deduce the source code, design, or data transmission characteristics of the INVOX Call Tracking Technologies. Customer may not use packet sniffers or other network or IP tracing technologies on the Service or with the INVOX Call Tracking technologies except for the specific purpose of optimizing your network for use of the Service in accordance with INVOX Call Tracking Service documentation.
- Use of Customer Name and Logo:
Customer hereby grants INVOX Call Tracking a royalty-free, nonexclusive, limited license to use the name and logo of Customer on the INVOX Call Tracking website or in other public relations materials to include Customer as a customer of INVOX Call Tracking. Customer may terminate such authorized use upon 30 days written notice.
- Indemnification and Disputes:
With respect to any violation of this Agreement, Customer agrees to indemnify and hold harmless INVOX Call Tracking, and its subsidiaries, parents, affiliates, managers, shareholders, officers, directors, agents, resellers, sales affiliates, licensees or other partners, and employees, from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the Service, any other parties use of the Customer Account, or any conduct while using the Service, violation of this Agreement, or violation of any rights of another, including without limitation any violation of applicable law or any tort committed while using the Service.
18.1 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of Romania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between Customer and INVOX Call Tracking or its associates.
19.1 Amendment: INVOX Call Tracking may amend this Agreement from time to time, in which case the new Agreement will supersede prior versions. INVOX Call Tracking will notify Customer of any such amendments and Customer's continued use of the INVOX Call Tracking Services following the effective date of any such amendment may be relied upon by INVOX Call Tracking as Customer's consent to any such amendment. INVOX Call Tracking failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of the Agreement.
19.2 Enforceability: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
19.3 Modification: Except when expressly provided by another written agreement with INVOX Call Tracking, this is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by an authorized representative of INVOX Call Tracking. Customer agrees that INVOX Call Tracking may, in its sole discretion, from time to time add to, delete from, or modify this Agreement in any reasonable manner by providing notice as permitted above.
19.4 Force Majeure: INVOX Call Tracking shall not be deemed in breach of this Agreement, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of God.
19.5 Transferability: The right to use the Service and access the Account is not transferable, sublicense able, and may not be sold, rented, or timeshared, unless expressly permitted in another agreement with INVOX Call Tracking. INVOX Call Tracking may assign this Agreement, in whole or in part, at any time with or without notice.
19.6 No Waiver: The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
19.7 Relationship: Each party is an independent contractor in the performance of each and every part of this Agreement. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of this Agreement. Customer does not have the authority to commit INVOX Call Tracking in any way and will not attempt to do so or imply that it has the right to do so.