Terms of Service
Revision Date: September 23, 2022
The following terms and conditions, as well as any future modifications (the “Terms”) are a contract between you or your company (“you” or “your”) and Colynk, Inc., (“Calldrip,” “Cdialer,” “we,” “us,” or “our”) governing your use, and Colynk’s provision, of the Services (as defined below). By using Colynk’s services, software applications, application programming interfaces, Colynk Webhooks, communication services, networks, and websites, including, but not limited to www.colynk.com, www.calldrip.com, www.cdialer.com, (collectively, the “Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.
You may review the most current version of the Terms at any time on the Calldrip website at https://www.calldrip.com/tos (“Term Page”). Colynk reserves the right to update and change the Terms from time to time without notice, effective immediately, by posting the updated Terms on the Term Page. Your continued use of the Services after any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE SERVICES.
Grant of Limited License
Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, Colynk hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services. All rights not expressly granted to you are reserved by Colynk and its licensors.
Without explicit permission from Colynk, you may not
use Colynk’s trademarks or service marks;
alter, modify, obscure, or remove Colynk’s trademarks from the Services;
alter, modify, or obscure the Services;
either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of Colynk; or
either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of Colynk.
Colynk reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan (“Fees”). You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan. Colynk is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties associated with your use of the Services, other than on Colynk’s income. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you herein.
Colynk reserves the right, in Colynk’s sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the Fees for the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Fees.
Modifications to the Services
Colynk reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Colynk shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Termination of Account
You are solely responsible for properly canceling your account. You may cancel your account at any time by contacting our support team via email or phone. Upon cancellation, you will receive an account cancellation number via email.
Colynk may terminate your account without notice in the event that you breach any of these Terms.
If you cancel the Services before the end of your current paid up period or if Colynk terminates your account as permitted in these Terms, your cancellation will take effect immediately and you will not be charged again. In the event of any termination, Colynk will not refund any of the prepaid Fees. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Colynk reserves the right to refuse service to anyone for any reason at any time.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLYNK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COLYNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY RELATING TO OR ARISING FROM THIS AGREEMENT. IN NO EVENT SHALL COLYNK OR ITS RESPECTIVE SUPPLIERS AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID FOR THE IMMEDIATELY PRECEDING MONTH BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PLEASE NOTE THAT DOWNGRADING YOUR ACCOUNT MAY RESULT IN THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. COLYNK DOES NOT ACCEPT ANY LIABILITY FOR ANY SUCH LOSSES.
Before messaging an individual, you must obtain consent. The individual must understand they are agreeing to receive messages of the type you are going to send. You also need to keep a record of the consent. If you do not send a message to that individual within a reasonable period after receiving consent (or as set forth by local law), then you will need to reconfirm consent before messaging the individual.
Consent can't be bought or transferred. It must be granted directly to you for the purposes outlined in the initial consent.
In addition to the method(s) outlined above, consent may also follow the following paths.
If an individual sends you a message, you may engage in conversation with that individual. Consent is limited only to this particular conversation and should no be implied outside of the general nature of the conversation.
Additionally, you may send messages to individuals where you have a prior relationship and the individual has taken action to trigger communication. This may include actions such as alerts, appointment reminders, shipping notifications, etc.
The first message sent to an individual should include the ability to opt out of the conversation (e.g. reply STOP to unsubscribe). Individuals must have the ability to opt out of conversations at any time by replying with the word STOP (or similar language).
Prohibited Use and Content
The following use of service is strictly prohibited:
Any communication or solicitations that are unsolicited or which proper consent has not been received from the intended recipient.
Any activities that violate the rights of others, may be harmful to others, our business, or that is illegal, including but not limited to offering, promoting, disseminating, or facilitating:
- Gambling of any kind
- Ponzi or pyramid schemes (get-rich-quick schemes)
- illegal or regulated substances
- phishing activities of any kind
- pornography, child sexual abuse material, or other sexually exploitative content;
- Content that infringes the intellectual properly or rights of others
- Communications that are harassing or abusive by nature
You will not attempt to re-create or modify the Services or any portion thereof. Reverse engineering, in any form, is strictly prohibited and subject to legal action.
We reserve the right to monitor content across the Services and to investigate potential violations of our Terms of Service. We may remove or disable access to any business or user that violates the terms of this, or any other agreement we have with you, for use of the Services. We do not assume any obligations in regards to monitoring or enforcing the terms of this Service.
Subject to these Terms, you consent, through your use of the Services or by communication with us, to the collection, use, disclosure, storage, processing, and transfer to the United States and/or other countries of the following information (collectively your "Private Information") by us or by third-party vendors contracted by us:
- Your account Registration Data;
- Your credit card and/or other billing information;
- Personal information such as your name, email address, and phone number;
- Business information like your company name, company size, and business type;
- Your customers’ information that you provide us or through your customers’ interaction with the Services;
- Any other information you provide us, such as your coworker’s email address;
- Account information from Add-ons and other third-party services you use in conjunction with our Services;
- Data about your use of the Services, such as but not limited to interactions with the user interface to the Services, computers you connect to the Services with, the frequency and size of data transfers, and information you use to describe yourself; and
Data required for operation of the Services such as but not limited to information you submit to, publish with, or transfer through to the Services.
We use your Private Information to provide the Services to you; send you notification of updates to the Services; send you marketing communications such as email (unless you choose to stop our email newsletter or marketing emails by following the unsubscribe instructions included in these emails); and if you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
If you have any questions about the Terms of Service, please contact us at firstname.lastname@example.org.