Terms & Conditions

Telio, LLC (“Telio” or “we”) is providing users (“User” or “you”) with access to its telephone messaging services and web site, (the “Telio Service”), subject to the conditions of these Terms of Use (the “User Agreement”). Any new features, changes, updates or improvements of the Telio Service and the availability of new Telio Services shall be subject to the terms of this User Agreement unless explicitly stated otherwise.

  1. YOUR ACCEPTANCE OF THIS USER AGREEMENT

Please read the User Agreement carefully before using or registering for the Telio Service. By using or registering for the Telio Service, you agree to be bound by the terms and conditions set forth in this User Agreement. If you do not wish to be bound by the terms and conditions in this User Agreement, you may not access or use the Telio Service.

  1. MODIFICATION OF TERMS

We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the Telio.com web site.

Unless explicitly stated otherwise, any new features that augment or enhance the current Telio Service, including the release of new Telio properties, shall be subject to the User Agreement. You understand and agree that the Telio Service is provided “AS-IS” and that Telio assumes no responsibility for the timeliness, deletion, undelivered or failure to store or deliver any User communications or personalized information.

You are responsible for reviewing these terms and conditions regularly. Any updates to this User Agreement will be posted on this website. By continuing to use any Telio Service after we post any such changes, you accept the User Agreement, as modified.

  1. PRIVACY POLICY

By using or registering for the Telio Service you acknowledge that you have read and accepted the Privacy Policy. A link to the Telio Privacy Statement is on the bottom of each page of Telio.com.

  1. REMOVE PHONE NUMBER

If members of your group do not wish to receive messages, they may visit our website and click ‘Opt Out’ on the bottom of the home page of the Telio.in a web site or go to http://telio.in. Alternatively, you may notify Telio of your request for the removal of a telephone number from a calling list by sending an e-mail to itadmin@novuse.com.  When you send a request you need to include your first name, last name and telephone number that you want to be removed. You are ultimately responsible for ensuring that anyone requesting do-not-call status is removed from your calling lists.

  1. REGISTRATION INFORMATION

You agree, as a condition of your use of the Telio Service, to provide Telio with accurate and complete information when registering for or using the Telio Service, and to update and maintain such information. Telio has the right to suspend, restrict or terminate your use of the Telio Service and to refuse any future use of all or portions of the Telio Service if Telio at any time and for any reason, including but not limited to if Telio has reason to believe that you have failed to comply with the requirements in this section.

  1. MINIMUM AGE

If you are under the age of eighteen, you are prohibited from using or registering for the Telio Service. By using or registering for the Telio Service, you warrant to Telio that you are above the age of eighteen.

  1. TELEPHONE TRANSMISSION AND CHARGES

Telio transmits and receives voice and text messages via other major telecommunications carriers and mobile network operators, and thus Telio’s influence over the timing of the receipt or transmission of your messages is within the technical constraints imposed upon Telio. While we will use commercially reasonable efforts to further transmit your messages to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages and broadcasts across the telephone network and/or the Internet. You may contact Telio for a current list of covered downstream carriers and international destinations. Telio is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Telio for any such non-deliveries.

Telio is not responsible for any charges that you may incur from another carrier to access the Telio Services, nor is Telio responsible for any charges the recipients of your messages may incur from their carriers.

  1. ACCOUNT SECURITY

When you are registered, you will establish a Username and a Password. You are responsible for protecting the confidentiality of your Username and Password, and you are fully responsible for all activities that occur under your account.

You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify Telio of any loss, compromise or unauthorized use of your Username and Password or any other breach of security. You may notify Telio by sending an e-mail to itadmin@novuse.com. Telio will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your account.

 

  1. CONSENT TO RECORD YOUR VOICE INPUTS

You agree and consent that Telio may record oral or voice communications, conversations or commands, made by you during the use of the Telio Service. By using the Telio Service, you expressly consent and grant to Telio the right to record and use these recordings. If you do not authorize Telio to make or use these recordings, you may not use the Telio Service.

Telio is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that Telio is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content of the Telio Service.

  1. RESTRICTION AND MODIFICATION OF SERVICE

You agree that Telio may limit your use of the Telio Service, including without limitation the frequency and duration for which you may access the Telio Service, and that Telio has no responsibility or liability for any unavailability or limitation on the use of the Telio Service. In addition, Telio reserves the right at any time to limit: access to, modify, change or discontinue the Telio Service, or any part thereof, with or without notice. You agree that Telio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Telio Service. You acknowledge and agree that Telio may establish general practices and limits, which may not be published, concerning the use of the Telio Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the Telio Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that Telio has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Telio Service. You acknowledge that Telio reserves the right to terminate any inactive or dormant account(s). You agree and Telio reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

  1. YOUR CONDUCT

As a condition of your use of the Telio Service, you agree and warrant to Telio that you will not use the Telio Service, or allow others to use the Telio Service under your account, for any purpose that is unlawful or prohibited by the User Agreement and our Responsible Use Policy. You may not use, or allow others to use, the Telio Service in any manner that could damage, impair, disable or overburden the Telio Service, interfere in any way with Telio’s rights, interfere in any way with any other user’s use and enjoyment of the Telio Service, or otherwise infringe on any person’s rights.

Specifically, you agree and warrant to Telio that:

  • You will not use or attempt to use, the Telio Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person’s privacy or proprietary rights;
  • You will not use, or attempt to use, the Telio Service in connection with any junk messages, spamming or messages that are duplicative or unsolicited in nature;
  • You will not send or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call;
  • You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
  • You will not initiate marketing text messages or prerecorded telemarketing calls, or any message that is part of a plan, program or campaign to induce the purchase of goods or services or a charitable contribution when using the Telio Service;
  • You will not initiate political text messages or prerecorded political calls using the Telio Service. This includes any message designed to support or oppose a political campaign or issue, or that solicits a contribution to any non-profit organization;
  • You will not use the Telio Service to initiate any calls or text messages to recipients if you have obtained their contact information from a third-party list provider;
  • You will not use the Telio Service to initiate any text message or phone call to recipients unless you have received the necessary consent and provided any necessary disclosures related to any message you initiate using Telio’s messaging service;
  • You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Telio, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
  • You will not resell, or attempt to resell, the use of the Telio Service without the express, prior written consent/permission from Telio;
  • You will not collect, or attempt to collect, or store information about the Telio Service or other users, including contact information, without their consent;
  • You will not interfere, or attempt to interfere, with or disrupt connections to the Telio Service or violate the regulations, policies or procedures of such connections;
  • You will not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password/PIN mining or any other means, and;
  • You agree and Telio retains the right, at its sole discretion, to determine whether or not User’s conduct is consistent with the letter and spirit of the User Agreement. Telio may immediately terminate User’s Telio account if User’s conduct is found to be inconsistent with this User Agreement.
  1. NO SPAM AND CONSENT TO DAMAGES

Telio will immediately terminate or suspend any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam, other unsolicited messaging activities, or any calling in violation of our Responsible Use Policy or this User Agreement. Activities such as sending spam or other unsolicited messages can cause harm to Telio (and our customer base) in numerous ways including, but not limited to, damaging the Telio brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. Telio retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify if actual damages cannot be reasonably calculated by Telio.

  1. COMPLIANCE WITH FEDERAL AND STATE REGULATIONS

Without limiting your obligations under the User Agreement and our Responsible Use Policy, a user agrees to comply with all provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission’s implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule, including the August 2008 Amendment at 16 CFR Part 310, and any other similar Federal or State laws. User agrees not to violate these, or any other applicable anti-solicitation laws and represents and warrants that its use of the Telio Service will not violate these or other similar laws.

User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which Telio Services will be applicable. User understands and agrees that Telio will not be held responsible for damages to the User or any third party incurred due to User’s failure to abide by State and/or Federal laws. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney General’s office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Telio Service.

Without limiting your obligations under the above-referenced laws, you agree and warrant to Telio that:

  • The owners of the phone numbers you initiate messages go through the Telio Services have consented or otherwise opted into the receipt of such messages as required by any applicable law or regulation;
  • You will follow any calling time restrictions under Federal or State law that would be applicable to your use of the Services; and
  • You will provide required contact information in all prerecorded messages by stating your organization’s name at the beginning of your message, and a phone number at which your organization can be reached at the end of your message.

 

  1. NO RESPONSIBILITY FOR CONTENT

As part of the Telio Service, Telio may offer User access to communications, media and commerce services. Telio does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials (“Content”), whether publicly posted or privately transmitted through the Telio Service. You acknowledge that the Telio Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that Telio has no obligation to screen, preview, or monitor such Content. By using the Telio Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you initiate, receive, access, post, or otherwise transmit through the Telio Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will Telio be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the Telio Service.

  1. DISCLOSURE

Telio may make identifiable information available to our employees and third parties with whom we contract in order to provide you the Telio Service. While Telio is committed to protecting your privacy, Telio does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that Telio may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of Telio, its users or the public. Telio does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.

As we continue to develop our business, we might sell our company or by other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Telio or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.

  1. SERVICE FEES AND CHARGES

The basic account fees (“Service Fees”) shall be provided at the rates set out in the Telio pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. Telio may modify subscription Service Fees at renewal periods.

  1. FREE TRIALS

Telio may permit User to use the Telio Service on a free trial basis. During this time, User will not incur any charges or fees for use of the service. After the expiration of your free trial, you will have the option to purchase a Telio messaging package or subscription as described on the Telio website. Telio reserves the right to terminate the account of any free trial User at any time.

  1. TERM AND TERMINATION

Telio Service subscriptions shall automatically renew on a monthly basis at the rate indicated on the pricing plans page of the Telio.com website. Users may discontinue their subscription at any time by the instructions on the website. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Users that have no past due balance and have paid for the current month will be able to complete broadcasts on their canceled account until their paid subscription ends.

At Telio’s sole discretion, Telio per-call service plans may expire after one hundred eighty (180) days of inactivity or upon exhaustion of the messages. Inactivity is defined to mean that User has neither purchased an additional per-call plan nor initiated a broadcast. Telio per-call service plans are non-refundable.

  1. LIABILITY DISCLAIMER

YOU AGREE THAT:

  1. IF YOU USE THE TELIO SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE TELIO SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TELIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR TELIO.COM MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.

  1. TELIO DOES NOT WARRANT THAT (i) THE TELIO SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE TELIO SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TELIO SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TELIO SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR TELIO COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE TELIO SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR “CONTENT SENSITIVE” OR “MISSION CRITICAL” APPLICATIONS AND USE. “CONTENT SENSITIVE” SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. “MISSION CRITICAL” APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
  2. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE TELIO SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
  3. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM TELIO OR THROUGH OR FROM THE TELIO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
  4. LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT TELIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TELIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE TELIO SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE TELIO SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE TELIO SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE TELIO SERVICE.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless Telio and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers, and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Telio in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the Telio Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you, if you have not responded reasonably to the applicable matter. You acknowledge and agree to be held liable for any and all damages caused to Telio by you as a direct result of a violation of local, state, national or international laws and regulations, including but not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Telio to you.

  1. PROPRIETARY RIGHTS

You acknowledge and agree that the Telio Service and any necessary software used in connection with the Telio Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Telio Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Telio Service, except as set forth herein. Telio, the Telio logo, and other Telio logos, product and service names may be trademarks, service marks or other intellectual property of Telio (the “Telio Marks”). You agree not to display or use the Telio Marks in any manner without the prior, express written permission of Telio.

  1. NOTICE

You agree that Telio may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the Telio.com web site or through the Telio Service. If applicable, Telio will use the contact details provided with registration.

  1. ENTIRE AGREEMENT

The User Agreement governs your use of the Telio Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and Telio. They supersede any prior agreements between you and Telio. Additional terms and conditions may apply when you use the services of other carriers and service providers. These additional terms will not reduce, diminish, or eliminate any rights Telio possesses with respect to this User Agreement.

  1. GOVERNING LAW AND ARBITRATION

The User Agreement and the relationship between you and Telio shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Telio Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with Telio exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any negotiation shall be in New York City. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.

  1. MISCELLANEOUS

Any failure by Telio to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties’ intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.

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