ReminderCall.com Terms of Service
Acceptance of Terms
These Terms of Service (the “Terms”) govern the individual, company and/or organizational (collectively, “you”, “your” or “Subscriber”) purchase and use of any of ReminderCall.com services, including your use of automated calls, Short Message Service (“SMS”), and emails (collectively, the “Services”) available through our website (https://www.ReminderCall.com, the “Site”), and the software, technical and communications platform(s) available on and through the Site (collectively, the “Platform”). The Platform and Services are made available by Reminder Services, Inc. (“RSI”), d/b/a ReminderCall.com (“ReminderCall.com”, “ReminderCall, “we” ” our” or “us”).
RSI reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Service at any time, including without limitation access policies, the availability of any feature of the RSI Platform and Services, hours of availability, content, data, software or equipment needed to access RSI Platform and Services, effective with or without prior notice. Although we may attempt to notify you when material changes are made to these Terms of Service, you should periodically review the most up-to-date version here. IF YOU CANNOT COMPLY WITH CHANGES TO THESE TERMS OF SERVICE, OR SUCH CHANGES ARE UNACCEPTABLE TO YOU, YOU MUST TERMINATE, AND IMMEDIATELY STOP USING THE RSI Platform and Services. Your continued use of any aspect of the RSI Platform and Services following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
Usage by Subscriber
The ReminderCall.com Platform allows the Subscriber to send calls, SMS, and emails to their user database. RSI hosts the Platform and Services on RSI servers. You acknowledge that RSI simply acts as a passive conduit for the distribution and transmission of your information and that RSI has no obligation to screen, preview, or monitor any Content.
Subscriber may use the Platform during the Term of this agreement to transmit appointment reminders, confirmations, and similar activities. The Subscriber is solely responsible for the decision of whether to make the calls, text messages, or emails, to whom to send them, and the content of those messages. RSI does not, and will not, under any circumstances, decide whether to make the calls or text messages, to whom to send them, and the content of those messages.
The ReminderCall.com Platform provides businesses and organizations the ability to upload names, mobile phone numbers, email addresses, and other information on an opt-in basis. However, contact information may be imported only if your users have given you consent to receive a specified type of messaging from you. The Platform may NOT be used for sending any unsolicited calls or text messages without prior recipient consent and may NOT be used for sending any messages that violate applicable law or these Terms. You agree to our Anti-Spam Policy described in these Terms and agree to enforce the indicated permission-based practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account.
Subscriber agrees that RSI Services will not be relied upon for critical reminders, emergencies, alarms and the like where a system failure could cause costly, fatal or otherwise serious damage or injury. Subscriber recognizes that computer systems may fail for reasons out of the control of RSI, including, but not limited to, Internet traffic, condition of telephone or cable lines, and condition of Subscriber’s equipment. Accordingly you agree to back up the data you enter into the system and that RSI is not and will not be liable for any loss thereof.
You agree, as a condition of your use of the ReminderCall.com Platform and Services, to provide RSI with accurate and complete information when registering for or using the Platform, and to update and maintain such information.
RSI has the right, in its sole and absolute discretion and without providing notice to you, to suspend, restrict or terminate your use of the Platform, Services, Site and/or your account, and to refuse any future use of all or any portion or portions of the Platform and Services at any time for any reason. Any advance payment that may have been made will not be refunded if you violate these Terms of Service.
Acceptable Use Policy
This Acceptable Use Policy describes actions that RSI prohibits when any party uses the Platform. The Platform and Services may not be used in any illegal, abusive or other manner that interferes with the business or activities of any other party. The following list gives examples of prohibited activities. This list is provided by way of example and should not be considered exhaustive.
- Attempting to bypass or break any security mechanism on any of the Platform and Services or using the Platform and Services in any other manner that poses a security or service risk to ReminderCall.com or any of its users.
- Testing or reverse-engineering the Platform in order to find limitations, vulnerabilities or evade filtering capabilities.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on the Platform or any other conduct that adversely impacts the availability, reliability or stability of the Platform or Services.
- Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
- Using the Platform and Services in any manner that violates any applicable industry standards, third-party policies or requirements that ReminderCall.com may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
- Engaging in any unsolicited advertising, marketing, surveying, polling, collections or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act. This includes using the ReminderCall.com Platform and Services without obtaining prior express consent where it is required.
- Using the ReminderCall.com Platform and Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited phone calls, text messages, or emails.
- Sending automated text messages or calls before 8 a.m. or after 9 p.m. local time.
- Using ReminderCall.com Platform and Services to harvest or otherwise collect information about others, including email addresses or phone numbers.
- Using ReminderCall.com Platform and Services to engage in fraudulent activity with respect to third parties.
- Violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.
- Taking any action to encourage or promote any activity prohibited under this Acceptable Use Policy.
- Transmitting any material that infringes the intellectual property rights or other rights of third parties.
- Transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
- Transmitting any false information with the intent either to mislead or to prank the recipient.
- Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
RSI maintains a no-tolerance policy toward spam. Although RSI does not assume the duty or obligation to monitor messages, we reserve the right, in our sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to the guidelines and policies pertaining to our Platform and Services.
Spam includes any type of unsolicited message. You agree that you will not use any third-party list of phone numbers or otherwise engage in unsolicited messaging in connection with the Platform. RSI will immediately terminate any account which it believes, in its sole discretion, is transmitting any spam or other unsolicited messaging, such as unsolicited advertising, marketing, bill collections or other activities that violate anti-spam laws and regulations including, but not limited to:
Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., and related regulations, 47 C.F.R. Part 64.1200, et seq; Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, et seq.; Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act of 2003; Mobile Marketing Association (“MMA”) U.S. Consumer Best Practices Guidelines for Messaging; Cellular Telecommunications Industry Association (“CTIA”) Best Practices and Guidelines for Location-Based Services; CTIA Messaging Principles and Best Practices; CTIA SMS Interoperability Guidelines; and Canada’s Anti-Spam Legislation (CASL).
You represent and warrant that your use of the RSI Platform and Services will not cause RSI to violate these or other similar laws.
You agree that it is your responsibility to abide by any federal and state laws applicable to your use of RSI Platform and Services. You understand and agree that RSI will not be held responsible for damages to you or any third party incurred due to your failure to abide by state or federal laws.
If you are using RSI Services in Canada, you agree to comply with all Canadian telecommunications or privacy laws and rules including rules and orders issued by the Canadian Radio-television and Telecommunications Commission, any National Do Not Call Registry or Unsolicited Telecommunications Rules, the federal Personal Information Protection and Electronic Documents Act or any substantially similar provincial law which may be applicable.
PRIOR EXPRESS CONSENT (“OPT-IN”)An existing business relationship with a recipient DOES NOT, in itself, constitute permission to send automated calls or text messages to their cell phone. You hereby represent and warrant that the owners of the phone numbers to which you transmit outbound calls and text messages through the Platform have expressly consented or otherwise opted-in to the receipt of such messages, in accordance with the TCPA, and other applicable federal, state, and local laws. You will ensure that any and all consents have been obtained, including, without limitation, consent for the delivery of informational, commercial, and/or marketing messages. All emails sent from the Platform have a built-in unsubscribing mechanism and do not require opt-in. If the owners of the phone numbers to which you transmit outbound calls and text messages through the Platform have not expressly consented or otherwise opted-in to the receipt of such messages, you hereby agree to ask recipients to opt-in to receiving your automated calls or text messages by ONE of the following methods:
- Adding a checkbox and opt-in wording to a paper registration form.
- Adding a checkbox and opt-in wording to an online registration form.
- Asking for permission via email.
- Adding opt-in wording to an existing agreement that recipients routinely sign (contract, terms of service, SOW, etc).
You hereby acknowledge that RSI merely provides a Platform (“ReminderCall.com”, or the “Platform”) for facilitating the sending of your calls, text messages, and emails. You hereby confirm that you are solely responsible for the content of your calls, text messages, and emails, and that you have sole liability for your communications. You agree to represent truthfully your identity, the identity of your organization, and your product or service in your calls, text messages, and emails. You will obtain all consents, including but not limited to the delivery of informational, commercial, and marketing messages.
RSI does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials (“Content”) through RSI Services.You acknowledge that RSI simply acts as a passive conduit for the distribution and transmission of your information and that RSI has no obligation to screen, preview, or monitor any Content.
By using RSI, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through RSI, including Content that may be offensive, indecent or objectionable.
Under no circumstances will RSI be liable in any way for any Content, including but not limited to, for any errors or omissions in any Content; loss, destruction or degradation of any Content; or for any loss or damage of any kind incurred as a result of the use of any Content stored, sent, accessed, posted or otherwise transmitted via RSI.
Additional ResponsibilitiesEach party shall comply in all material respects with all applicable governmental laws, rules and regulations.
Neither party to this agreement will reveal confidential information to any third party or to any employees who do not have a “need-to-know” by virtue of their job function. Confidential information shall include, for example, and without limitation, the information entered by the Subscriber for this service, RSI technical, financial, and marketing information, including system use information provided to the Subscriber.
In this regard, RSI’s utilization of personal information is limited to that which is necessary to fulfill its mission of assisting physicians in their practice, while providing the minimum amount of identifiable client data required to perform the specified communication.
- RSI will not disclose, rent, or sell any personally identifiable client information to third parties (although RSI reserves the right to share non-personal, compiled or condensed client information which does not allow a client to be identified or contacted).
- RSI employs advanced multi-layered encryption and security firewalls to protect confidential information from unauthorized disclosure, misuse, loss, errors, or alteration. All information is received and sent under the physician’s direction and order via secured encrypted Internet transmission, directly from the healthcare provider’s office.
RSI 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. RSI’s SERVICES AND PROPERTIES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. 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.
Subscriber acknowledges and understands that the service software is property of RSI whose rights are subject to copyrights, trade secrets, and other laws, and that the use of service will give the Subscriber no rights in or to them. This means that Subscriber also agrees that it will not reverse engineer the software, nor will it attempt to do so.
RSI, the RSI logo and other ReminderCall.com logos, product and service names may be trademarks, service marks or other intellectual property of RSI (the “RSI Marks”). You agree not to display or use the RSI Marks in any manner without the prior, express written permission of RSI.
RSI reserves the right to make modifications, enhancements, customizations, improvements and/or changes to RSI’s system and services at any time without advance notice.
Voice Recording and Monitoring Consent
RSI is under no obligation to monitor or record its services for accuracy, completeness, or quality. You understand that recordings may or may not resemble that which you intend to record and that RSI is under no obligation to ensure that recordings will successfully represent that which you intend to record. You agree that all recordings or monitoring become part of the Content (hereinafter defined) of RSI.
Automated Messages Consent
By using Remindercall.com you are agreeing to receive automated informational and promotional communications via call, text messages, and emails.
Downtime and Service Suspensions
Subscriber acknowledges that Subscriber’s use of this service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the service for any reason, including as a result of power outages, system failures or other interruptions; and RSI shall also be entitled, without any liability to subscriber, to suspend access to any portion or all of the service at any time, on a service-wide basis:
- For scheduled downtime to permit us to conduct maintenance or make modifications to service;
- In the event of a denial of service attack or other attack on the service or other event that RSI determines, in its sole discretion, may create a risk to the applicable service, to Subscriber or to any of our other customers if the service were not suspended; or
- In the event that RSI determines that service is prohibited by applicable law or RSI otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”).
RSI shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Subscriber may incur as a result of any Service Suspension. To the extent RSI is able, RSI will endeavor to provide Subscriber notice of any Service Suspension and to post updates regarding resumption of Platform and Services following any such suspension, but shall have no liability for the manner in which RSI may do so or fail to do so.
Exclusion of Damages; Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL RSI BE LIABLE TO SUBSCRIBER 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 RSI 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 RSI BE LIABLE TO SUBSCRIBER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY SUBSCRIBER DURING THE TWELVE (12) 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.
RSI SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER RSI NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND SUBSCRIBER WILL HOLD RSI HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE RSI SERVICES TO CONTACT EMERGENCY SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RSI FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES RESULTING FROM OR ARISING OUT OF ANY CONTENT YOU TRANSMIT THROUGH RSI SERVICES, YOUR USE OF RSI SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR AGREEMENT OR ANY HARM YOU MAY CAUSE TO ANYONE IN CONNECTION WITH SAME. YOU AGREE THAT RSI RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
By using the RSI Platform and Services, Subscriber agrees that the laws of the State of California will govern this Agreement and any dispute of any sort that might arise between Subscriber and RSI. Subscriber also agrees to resolve disputes only by arbitration. There is no judge or jury in arbitration, but an arbitrator can award the same damages and relief and must honor the same terms in this agreement as a court would. Subscriber and RSI also agree that:
- The Federal Arbitration Act applies to this agreement. Any dispute that in any way relates to or arises out of this agreement or from any services received from RSI will be resolved by one or more neutral arbitrators before the American Arbitration Association (“AAA”).
- Unless Subscriber and RSI agree otherwise, the arbitration will take place in San Jose, California.
- This agreement does not allow class or collective arbitrations even if the AAA procedures or rules would. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement.
- If either Subscriber or RSI intends to seek arbitration under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to RSI should be sent as required by this Agreement. The notice must describe the nature of the claim and the relief being sought. If Subscriber and RSI are unable to resolve the dispute within thirty (30) days, either party may then proceed to file a claim for arbitration.
- An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself.
Authorization for Payment by Credit Card
Undersigned Subscriber hereby authorizes RSI to charge the below-listed credit card number in payment for the RSI Services. The undersigned understands that the same terms and conditions normally governing the use of the credit card apply to this use as well. The undersigned authorizes RSI and its agents to perform credit card checks and other credit or financial information or references submitted to RSI, where permitted. The undersigned represents that he/she has authority to request services(s) for the Subscriber.
Subscriber will be responsible for any and all taxes, duties and similar cost, imposed upon, due to, or arising from the service.
Payment is due upon receipt of invoice. Payment not received within thirty (30) days of invoice date, shall be charged a late fee. Late payments will be equal to the lesser of 1.5% per month on any overdue amount or the maximum legal rate. Subscriber shall remain obligated to make all payments due or accrued under it prior to the date of termination.
All statements and invoices are generated on the first day of the month, or the first working day of the month if the first day falls on a weekend or holiday. All Invoices are due immediately and must be secured with payment method such as a credit or debit card. If Subscriber chooses to be invoiced, the invoice will be delivered electronically and must be paid in no later than thirty (30) days from the date of the invoice, which may be earlier than the date of delivery. If Subscriber wishes to have a paper copy of the invoice delivered a $4.50 invoicing fee applies in addition to any penalties or interest should Subscriber be late in making a payment.
- By opening this account and using the ReminderCall.com service, the Subscriber gives RSI permission to charge their credit card on a monthly basis for the calls, text messages and emails that are sent from this account.
- The Free Trial includes usage of the ReminderCall.com service for 30 days UP TO 1,000 REMINDER CREDITS. Usage exceeding 1,000 REMINDER CREDITS will be billed at the rates displayed at www.remindercall.com/pricing-2. Trial does not include non appointment-reminder announcements which will be billed at the rates displayed at www.remindercall.com/pricing-2.
- Outbound calls are charged “if successful”, which means that an outbound call was answered by a person, or answering machine. Disconnected numbers that pick up will be charged one credit as a reporting fee. “Unsuccessful calls” are defined as “no answer” or “busy signals”. Unsuccessful calls will not be billed and will be retried at reasonable intervals, subject to constraints of then current callback volume.
- All reminders are billed based on usage during the previous calendar month.
- All accounts include unlimited, live technical support.
- All accounts require the activation of a dedicated phone number billed at $2.50 per month.
- If a credit card is not on file, payment is due immediately and subject to penalties (a late payment penalty of $20 plus 1.5%) and interest if not paid before the next billing cycle. Billing cycles vary depending on the number of days in the prior month (i.e. there are 28 days in February and 31 in January).
- Invoices are delivered via email on the first day of the month or the first non-holiday work day that follows the first day of the month. International customers may request a paper statement for $4.50 per paper statement.
- If usage drops below the minimum, a minimum charge of $14.50 will be applied to the Subscriber’s credit card.
- The ReminderCall.com email module is a separate add-on that costs $25 per month. It includes unlimited emails for up the three locations. Additional locations cost an additional $8 per month per location.
- All payments to Reminder Services, Inc. should be made in U.S. Dollars.
Termination and Renewal
Term. This Agreement will automatically renew at the end of each month unless one Party gives the other thirty (30) days written notice of non-renewal. Should Subscriber fail to pay when due, RSI may give Subscriber notice of termination, effective five (5) days after such notice.
Termination. Either party may terminate this Agreement for any reason. Either party may also terminate this Agreement in the event the other party commits any material breach of this Agreement and fails to remedy such breach within five (5) days after written notice of such breach. RSI may also suspend RSI Platform and Services immediately upon notice for cause if: (a) Subscriber violates (or gives RSI reason to believe it has violated) any provision of the Terms of Service; (b) there is an unusual spike or increase in Subscriber’s use of RSI Platform and Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the RSI Platform and Services; (c) RSI determines, in its sole discretion, that its provision of any of the RSI Platform and 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 Subscriber’s liquidation, commencement of dissolution proceedings, disposal of Subscriber assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if Subscriber become the subject of bankruptcy or similar proceeding.
Last updated: August 15, 2020