Terms of service

These terms are an agreement between [TBD] (“Ringfully”, “we”, “us”), a company incorporated in [TBD] with its registered office at [TBD], and the business that has agreed to them (“you”, “your organization”).

Ringfully is sold to businesses. It is not offered to consumers, and an individual using it does so as a member of the organization that holds the account rather than in their own right. Where these terms give someone a right or an obligation, it belongs to the organization.

Ringfully is a cloud telephone system. It answers your inbound calls, routes them according to call flows you author, places outbound calls, sends and receives text messages, records calls where your organization has enabled recording, and keeps a record of all of it that your administrators can read.

Agents use it through a softphone in a web browser or a Windows desktop application. There is no macOS build, no iOS app and no Android app. There is no public API, and no single sign-on. If one of those is a requirement, tell us before you buy rather than after.

The telephone network itself is not ours. Calls and messages are carried by Twilio, and numbers are provisioned from Twilio’s inventory. What happens on the public telephone network — whether a call connects, how it is billed by an intermediate carrier, whether a message is filtered — is outside our control and, in most cases, outside Twilio’s.

Accounts are set up by us, with you. There is no self-serve signup and there is no free trial; numbers, business hours and routing are configured as part of onboarding because getting them wrong is the expensive failure, not the sign-up form.

Your administrators create and remove agent accounts, and decide what each of them can do through the permission system. You are responsible for who holds an account, for what those accounts are permitted to do, and for everything done through them. Tell us promptly if you believe an account has been compromised.

Agent accounts are individual. Sharing one set of credentials between people defeats every record we keep of who did what, including the record of who listened to a recording.

You agree that your organization will:

1. use the service only for lawful business communications, and in line with our acceptable use policy;
2. obtain whatever consent the law where you and the other party are located requires before recording a call, and configure a recording announcement if that law requires notice (clause 7);
3. obtain consent before sending marketing or commercial text messages, honour opt-out requests, and comply with Canada’s anti-spam legislation and the United States’ telephone consumer protection rules as they apply to you (clause 8);
4. tell everyone who uses the service, and anyone else on your premises who might need to call for help, about the emergency-calling limits in clause 6;
5. keep the contact and billing details on the account accurate, and keep the information in your call flows accurate; and
6. not resell the service, not use it to place bulk automated calls, and not use it in a way that a carrier could reasonably treat as abuse of the telephone network.

You own what you put into the service and what comes out of your use of it — your contacts, your call flows, your recordings, your messages, your call records. You are the one who decides what happens to it, and you are responsible for having the right to put it there.

Plans are priced per seat per month in US dollars: Starter at $29, Pro at $49, Business at $79. Each plan includes an allowance of calling minutes, text messages and phone numbers.

Usage past the allowance is charged per unit at the rates published on our pricing page at the time it is used. Nothing in the service is unlimited, and every plan carries a monthly spend ceiling above which we will stop billable usage rather than let a runaway call flow or a compromised account produce a bill nobody expected. Reaching that ceiling stops outbound calling and messaging.

Fees are exclusive of taxes. Sales taxes, goods and services taxes, provincial and harmonised sales taxes, and any telecommunications levies that apply to your jurisdiction are added to your invoice and are your responsibility.

Invoices are payable on receipt. If payment fails we will tell you and try again; if it keeps failing we may suspend the account under clause 13. We do not issue refunds for a partial month, and unused allowance does not carry forward.

Ringfully is not a replacement for a traditional telephone line, and you must not rely on it as your only way to reach emergency services. This clause is set out here in full rather than linked because it is the one most likely to matter and least likely to be read.

Dialling 9-1-1 from Ringfully reaches emergency services, with these limits:

1. We do not send your location. Ringfully does not currently register a dispatchable address for an agent, which means we do not provide E911 service as a traditional carrier does. Your call is routed to a national emergency call centre, where an operator has to ask where you are and transfer you. That takes time, and if you cannot speak, the responder will not know where to go.
2. It needs power and a working internet connection. A power cut, an internet outage, congestion on your network, or a problem at a provider we depend on will stop the call. A traditional line often survives all four.
3. The number we present may not describe where the agent is. We present the agent’s own direct line where they have one, because the number presented is what decides how the call is routed. An agent working from somewhere other than the address associated with that number — at home, travelling, in another city — will be routed on the basis of the number, not the person.
4. Calls may not complete. If there is no usable number to present, the call will not be placed, and the software will tell the agent to hang up and dial 9-1-1 from a mobile or a landline instead.

You agree to inform every person who uses the service of these limits, and to keep an alternative means of calling emergency services available wherever your people work. We notify your organization by SMS and in the application whenever someone dials an emergency number, and we ask a human to acknowledge that notice.

To the fullest extent the law allows, we are not liable for any injury, loss or damage arising from an emergency call that failed, was delayed, or was routed to the wrong place. Nothing in this clause limits liability that cannot lawfully be limited.

Your organization chooses whether calls are recorded: always, at the agent’s discretion, or never. It also chooses whether an agent may stop a recording that is running. Recordings are dual-channel and are held by Twilio; we store a reference to them and stream them on demand to people your permission settings allow.

If your organization has not configured a recording policy, the default is that any agent may record any call at their discretion. It is not off. If that is not what you want, set it before you start taking calls.

Consent is yours to obtain, not ours. Whether you may record a call, and whether you must tell the other party first, depends on where each party is:

1. In Canada, a party to a conversation may record it, but privacy law separately requires that you tell the other person that you are recording, why, and that they can decline.
2. In California and a number of other US states, every party has to consent. In California, recording a confidential communication without that consent carries statutory damages and a private right of action, and the rule extends to any call involving a mobile or cordless phone whether or not it was confidential.

The service has a field for a recording announcement to be spoken to the other party. You are responsible for setting it where the law requires notice, and for satisfying yourself that it is being played. We do not determine which jurisdiction a call touches and we do not decide whether your recording is lawful.

The service sends and receives SMS on your numbers. Message content is yours, and so is responsibility for whether you were entitled to send it.

Carrier filtering. North American carriers filter application-to-person messaging from numbers that are not registered under their brand and campaign registration scheme. Ringfully is not registered for 10DLC, and has not implemented STIR/SHAKEN attestation. Messages may therefore be delayed, filtered or silently dropped by a carrier, and outbound calls may be labelled as suspected spam on the recipient’s handset. We cannot control this and we do not warrant delivery.

Opt-out is currently manual. The service does not automatically detect a STOP or UNSUBSCRIBE reply, does not keep a suppression list, and does not record consent against a contact. If you send commercial messages you must operate those controls yourself and honour a withdrawal of consent promptly — within ten business days at the outside under the applicable US rules, and immediately as a matter of good practice.

Contacts are created automatically from calls and messages you make and receive. That is a record of your own communications, not a marketing list, and using it as one is your decision and your risk.

We try to keep the service running and we watch it. But we are direct about what we are not promising: there is no service level agreement (SLA), no uptime guarantee, and no service credit. We do not publish an availability figure, because nothing currently measures one and a number nobody measures is worse than no number.

The service depends on Twilio, on Amazon Web Services, and on your own internet connection. An outage at any of them is an outage for you, and it is not one we can shorten.

We may take the service down for maintenance. Where the work is planned we will give you notice; where it is a security fix or an urgent repair we may not be able to.

Our privacy policy describes what we collect and why. In contract terms: the personal information you put into the service, and the personal information the service generates about your calls, remains yours. We process it to provide the service to you and for no other purpose. We do not sell it and we do not use it to train models.

Where it is held. Our database and application servers are in Amazon Web Services’ US East (Northern Virginia) region, in the United States. Call and voicemail audio, and voicemail transcripts, are held by Twilio. If your organization is in Canada, this means personal information about your staff and the people who call you is stored outside Canada and is subject to the laws of the country it is stored in, including lawful access by authorities there.

Retention. We do not currently delete anything on a schedule. Call records, recordings, voicemail and its transcripts, message content and contacts are kept until you ask us to remove them. A configurable retention policy is planned and does not exist yet.

Getting your data out, or deleted. Your administrators can delete contacts and voicemails from inside the product, and deactivate an agent. Anything wider — a copy of what we hold about one person, removing them from every record at once, or deleting a call recording — is handled by hand by us on request, because no export or cross-record deletion exists. We will act on a request within thirty days.

On termination we will, at your request made within thirty days, provide a copy of your data and then delete it. After that window we may delete it without further notice.

The software, its interfaces and its documentation are ours and stay ours. You are granted a non-exclusive, non-transferable right to use them for the term of your subscription, and nothing more. You may not copy, decompile or reverse-engineer the service, or use it to build something that competes with it.

If you send us feedback we may act on it, without owing you anything and without it making you a part-owner of what we build.

Each of us may learn things about the other that are not public. Neither of us will disclose them except to people who need to know and are under a similar obligation, or where the law requires it — and where the law requires it, whoever is compelled will tell the other as far as they are lawfully able to.

You may end this agreement at the end of any billing month by telling us. We may end it on thirty days’ notice.

Either of us may end it immediately if the other:

1. commits a material breach and does not fix it within fifteen days of being told; or
2. becomes insolvent or enters an equivalent process.

We may suspend the account without notice where continuing would break the law, where a carrier requires it, where the account appears to be compromised, or where invoices remain unpaid after we have told you. We will restore it as soon as the cause is resolved.

Each of us warrants that it has the authority to enter into this agreement. We warrant that we will provide the service with reasonable skill and care.

Beyond that, and to the fullest extent the law allows, the service is provided as it is. We do not warrant that it will be uninterrupted or error-free, that a call or message will be delivered, that the telephone network will behave, or that it fits a particular purpose you have in mind but have not told us about.

We hold no security certification. We have not undergone a SOC 2 audit or any equivalent, and the service is not suitable for protected health information or for any data whose handling requires a certification we do not have. Our security page describes, plainly, what is in place and what is not.

Neither of us is liable to the other for indirect or consequential loss, lost profits, lost revenue, lost business or lost data, however it arises.

Our total liability under this agreement in any twelve-month period is limited to the fees you paid us in the twelve months before the event that gave rise to the claim.

None of this limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. If you are in Quebec, nothing here purports to exclude a right the Civil Code or the Consumer Protection Act gives you and does not permit to be waived.

You will indemnify us against claims brought by a third party arising from your use of the service in breach of clause 4 — in particular a claim that a call was recorded without the consent the law required, or that a message was sent without consent. We will tell you promptly about any such claim and let you control the defence of it.

We may change the service. Where a change removes something you rely on, we will give you thirty days’ notice.

We may change these terms. We will give you thirty days’ notice of a change that materially affects you, and the date at the top of this page tells you when it last changed. Continuing to use the service after a change takes effect means you accept it; if you do not, you may end the agreement under clause 13.

This agreement is governed by the law of [TBD], and the courts there have jurisdiction over any dispute.

If your organization is in Quebec, this does not deprive you of the protection of the mandatory rules of Quebec law, including the Civil Code’s rules on contracts of adhesion and, where it applies to you, the Consumer Protection Act.

Before going to court, each of us will raise the problem with the other and try for thirty days to resolve it.

A French version of this agreement is published alongside this one. If your organization is in Quebec, the French version is the one that governs, and you are entitled to be served in French.

Une version française de la présente entente est publiée en parallèle. Si votre entreprise est au Québec, c’est la version française qui régit la relation, et vous avez le droit d’être servi en français.

This agreement, with the acceptable use policy and the privacy policy, is the whole of what is agreed between us on this subject. If a court finds one clause unenforceable, the rest stands. Neither of us may assign the agreement without the other’s consent, except to a successor of substantially the whole business.

Notices to us go to [TBD], or by post to [TBD]. Notices to you go to the administrator contact on your account.