Yodel

The gist:
We (the folks at YodelTalk, Inc.) run a business phone system called yodel.io and would love for you to use it. Yodel’s basic service is free, and we offer paid upgrades for advanced features such as international numbers and call forwarding. Our service is designed to give you a phone system integrated in your business chat solution. Inbound and outbound communications between emergency service providers (e.g. 911 in the US and 112 in Europe) and end users are explicitly not permitted on Yodel numbers.

(We’ve made the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you, and if you don’t mind we’d appreciate a link to WordPress.com somewhere on your website. We spent a lot of money and time on the below, and other people shouldn’t need to do the same.)

Terms of Service:
The following terms and conditions govern all use of the Yodel website and all content, services, and products available at or through the website, including, but not limited to, yodel.io and yodeltalk.com, (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Yodel’s Privacy Policy) and procedures that may be published from time to time by Yodel (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with YodelTalk, Inc. (“Yodel” or “we”).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Yodel, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a Yodel account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Yodel.io
Your Yodel business phone system. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the phone numbers. You must immediately notify Yodel of any unauthorized uses of your numbers, your account, or any other breaches of security. Yodel will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Emergency service.
Inbound and outbound communications between emergency service providers (e.g. 911 in the US and 112 in Europe) and end users are explicitly not permitted on Yodel numbers.

Payment and Renewal.
– General Terms.
Paid services such as the Standard or Enterprise plans or extra phone numbers or additional concurrent calls are available (any such services, an “Paid service”). By selecting a paid service you agree to pay Yodel the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.

– Automatic Renewal.
Unless you notify Yodel before the end of the applicable subscription period that you want to cancel a paid service, your paid service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such paid service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid services can be canceled at any time via the Yodel support.

2. Intellectual Property.
This Agreement does not transfer from Yodel to you any Yodel or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Yodel. Yodel, YodelTalk, the Yodel logo, and all other trademarks, service marks, graphics and logos used in connection with Yodel or our Services, are trademarks of Yodel or Yodel’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Yodel or third-party trademarks.

3. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

4. Termination.
Yodel may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Yodel account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5. Disclaimer of Warranties.
Our Services are provided “as is.” Yodel and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Yodel nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

6. Limitation of Liability.
In no event will Yodel, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Yodel under this agreement during the twelve (12) month period prior to the cause of action. Yodel shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

7. General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance with the Yodel Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

8. Indemnification.
You agree to indemnify and hold harmless Yodel, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

9. Miscellaneous.
You and Yodel agree that any and all disputes arising out of and in connection with the contracts and about and/or from the use of the Yodel service shall be governed by Austrian law – including the procedural laws, however subsidiary to the ICC-RULES – with the exception of the conflict of law rules and the UN Sales Convention.

Should any provision and/or integral part of these Terms of Service become invalid, the validity of the remaining provisions thereof shall not be affected. The invalid provision shall be replaced by a provision coming as close as possible to the economic purpose of the invalid provision.