Terms of Use

We are Broadcast, doing business as Broadcast ("Company," "we," "us," "our"), a company registered in Florida at 1045 E Atlantic Ave Suite 202, Delray Beach, FL 33483, USA.

These Legal Terms govern your access to and use of the Broadcast website located at Broadcast ("Website") and any other related products and services that refer or link to these Legal Terms (collectively, the "Services", “Software and Services” or “Platform”). By accessing or using the Services, you agree to be bound by these Legal Terms, as well as our Privacy Policy, Cookie Policy, and Terms and Conditions all of which are incorporated herein by reference.

If you do not agree to these Legal Terms or any of the incorporated policies, you must not access or use the Services.

Broadcast is a business text messaging platform that enables two-way communication between businesses and their customers. It offers various features to streamline and enhance SMS interactions for sales, marketing, and customer support purposes. 

Key features and benefits of Broadcast include:

• SMS Text Messaging: Send bulk SMS and MMS text messages for marketing campaigns, notification, and announcements.
• Text from Toll-Free or Short Code Numbers: Choose from toll-free or short code numbers to send messages. 
• Voice Broadcasting: Make outbound automated phone calls.
• Ringless Voicemails: Send ringless voicemail audio messages.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Broadcast, concerning your access to and use of the Software and Services. You agree that by accessing the Software and Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SOFTWARE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Software and Services you are using. The modified Legal Terms will become effective upon posting or notifying you by help@callloop.com, as stated in the email message. By continuing to use the Software and Services after the effective date of any changes, you agree to be bound by the modified terms.

The Software and Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Software and Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Software and Services

The information provided when using the Software and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Software and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

You further warrant and represent to Broadcast that you are and shall at all times remain in full compliance with all applicable laws and regulations concerning your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing. Customer agrees to familiarize him or herself with the legalities of any campaigns run through the Broadcast system, by visiting the following websites: Federal Trade Commission: http://www.ftc.gov Federal Communications Commission: http://www.fcc.gov DoNotCall Registry Info: http://www.donotcall.gov Customer agrees to familiarize themselves with any additional International, Federal, State, or local laws governing your dialing. Customer agrees to place *ANY* individual requesting DNC status, on Customer's accounts DNC list, immediately.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Software, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Software (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

This Site is provided on an “as is” basis by Broadcast for the convenience of its customers and users, and the Site, the domain name(s) associated with it, and all copyrights, trademarks, and other proprietary and personal rights of the Site and Service are the sole property of Broadcast. The Site and Service are intended for use by persons 18 years of age or older. You are permitted to access the Site, the Service, and the Content provided by Broadcast (which may include text, images, hosted software, sound files, video, or other content, and may be provided via the Site or otherwise) solely for the purpose of receiving information about Broadcast's business and products, purchasing and utilizing the Service, communicating with Broadcast, entering prize promotions offered by Broadcast, or otherwise as stated on the Site.

Broadcast hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Site and Service solely for the purpose of operating the Site. You may not copy, modify, reproduce, retransmit, or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from Broadcast

All copyrights, trademarks, patents, trade secrets, and other proprietary rights contained within the Site are the sole property of Broadcast and/or its licensors, each of whom reserves all rights with regard to such materials. Broadcast may at its option provide you with one or more areas within the Site for online discussions (e.g., message boards, wikis, chat rooms, or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Broadcast reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Broadcast shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.

You hereby grant Broadcast a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to Broadcast via the Site (which is referred to in these Terms as "User Content"), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to Broadcast that you have all rights, title, and interests necessary to provide such User Content to Broadcast, and that your provision of the User Content to Broadcast shall not infringe any party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

3. Your Use of Our Software

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services and Software; and
• download or print a copy of any portion of the Content to which you have properly gained access.

We may include software for use in connection with our Services. If such software is accompanied by an end-user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: help@callloop.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

4. Third-Party Software

Broadcast offers integrations with various third-party platforms and services ("Third-Party Integrations") to enhance the functionality and usability of the Service. These Third-Party Integrations are governed by their own terms of service and privacy policies, which are separate from and independent of this Agreement.

By using any Third-Party Integration, you acknowledge and agree that:

1. You are solely responsible for reviewing and complying with the terms of service and privacy policies of each Third-Party Integration you use.
2. Broadcast does not control and is not responsible for the functionality, availability, security, or content of any Third-Party Integration.
3. Any fees or charges associated with the use of Third-Party Integrations are solely your responsibility and are not included in the fees you pay for the Service.
4. Broadcast makes no representations or warranties regarding the Third-Party Integrations, and you use them at your own risk.
5. Broadcast is not liable for any damages, losses, or expenses arising from your use of any Third-Party Integration.

The following are some of the Third-Party Integrations currently offered by Broadcast, along with links to their respective terms of service and privacy policies:

• ActiveCampaign: Terms of Service & Privacy Policy 
• Intercom: Terms of Service & Privacy Policy
• HubSpot: Terms of Service & Privacy Policy
• Keap: Terms of Use & Privacy Policy
• Zapier: Terms of Service & Privacy Policy 

This list may not be exhaustive, and Broadcast may add or remove Third-Party Integrations from time to time. It is your responsibility to stay informed about the terms and policies governing any Third-Party Integration you use.

5. Your Submissions and Contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos)

By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload

By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content

Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

Broadcast respects the intellectual property rights of others. We expect our users to do the same. If you believe that any material available on or through the Broadcast Service infringes upon your copyright, please refer to the "Intellectual Property" section of our Terms of Service for detailed information on how to submit a DMCA Notice of Alleged Infringement.  For more information regarding our policy and procedures for addressing copyright infringement claims, please see the "Intellectual Property" section of our Terms of Service.

6. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

7. Account Registration and Security

Access to certain features or functionalities of the Software may necessitate the creation of an account. Upon registration, you agree to provide accurate and complete information and to maintain the confidentiality of your account credentials, including your username and password. You are solely responsible for all activities that occur under your account, whether authorized by you or not. Broadcast reserves the right, in its sole discretion, to remove, reclaim, or modify any username deemed inappropriate, offensive, or otherwise objectionable..

8. Information Disclaimer

Broadcast strives to maintain the accuracy and reliability of the information presented on this Website. However, Broadcast makes no representations or warranties, express or implied, as to the accuracy, completeness, or timeliness of any information contained herein. Broadcast disclaims all liability for any errors, omissions, or inaccuracies in the content of this Website.

Broadcast reserves the right, in its sole discretion, to modify, update, or remove any information on this Website at any time without prior notice. Users are encouraged to verify any information obtained from this Website independently.

9. Customer Responsibility for Content and Use of the Broadcast Platform

Broadcast ("Broadcast") provides the Broadcast platform as a communication tool for businesses to engage with their customers and prospects. While Broadcast facilitates the transmission of text messages, it is solely the customer's responsibility to ensure the content and usage of the platform comply with all applicable laws, regulations, and ethical standards.

Content Responsibility:

Customers are exclusively responsible for all content transmitted through the Broadcast platform, including but not limited to text messages, images, videos, and any other forms of communication. This includes ensuring that all content is:

1. Accurate and Truthful: Customers must not disseminate false, misleading, or deceptive information through the platform.
2. Legal and Compliant: Customers must adhere to all applicable laws and regulations, including those related to privacy, data protection, consumer protection, telemarketing, and advertising.
3. Respectful and Appropriate: Customers must refrain from using the platform to transmit any content that is harassing, defamatory, discriminatory, obscene, threatening, or otherwise objectionable.

Usage Responsibility:

Customers are responsible for their use of the Broadcastplatform and must comply with all applicable terms and conditions, including:

1. Obtaining Consent: Customers must obtain proper consent from recipients before sending any messages, especially for marketing or promotional purposes.
2. Honoring Opt-Outs: Customers must promptly honor all requests from recipients to opt out of receiving further messages.
3. Maintaining Records: Customers must maintain accurate and complete records of all communications sent through the platform, including consent records and opt-out requests.
4. Preventing Abuse: Customers must not use the platform for any illegal, fraudulent, or abusive purposes.

Express Consent for Communications

Customer shall not use the Service to transmit, or cause to be transmitted, any message to any recipient without obtaining their prior express consent. For messages that constitute commercial electronic mail messages ("CEMMs") under applicable law, Customer must obtain the recipient's prior express written consent, which must not be obtained as a condition of purchase.

Customer must obtain clear and conspicuous consent from recipients before sending the first message and maintain verifiable records of such consent. If there is a delay in sending the initial message, Customer must reconfirm consent before proceeding. Consent obtained for a specific campaign does not extend to other campaigns or brands. Customer must maintain proof of consent in compliance with applicable laws and regulations, particularly after a recipient has opted out of receiving messages.

Broadcast's Role

Broadcast acts solely as a service provider and does not control, monitor, or endorse the content transmitted through the platform. Broadcast is not responsible for any damages, losses, or liabilities arising from the customer's use of the platform or the content of their messages.

Data Retention and Deletion

Upon cancellation or termination of Customer's account, all associated data will be deleted promptly and irrevocably in accordance with Broadcast's Privacy Policy. Customer is solely responsible for exporting any desired data before cancellation or termination.

10. Subscriptions, Purchase, and Payments

Purchases and Payment

Broadcast accepts the following forms of payment for purchases made through the Services:

• Visa (Please refer to Visa's Privacy Policy for information on how they handle your data)
• Mastercard (Please refer to Mastercard's Privacy Policy for information on how they handle your data)
• American Express (Please refer to American Express's Privacy Policy for information on how they handle your data)
• Discover (Please refer to Discover's Privacy Policy for information on how they handle your data)

Customer Obligations

By using the Services, you agree to provide accurate, complete, and current purchase and account information for all transactions. You are responsible for promptly updating any changes to your account or payment information, including email address, payment method, and credit card expiration date, to ensure uninterrupted service and accurate billing.

Pricing and Taxes

All prices are listed in US dollars and are subject to change at Broadcast's discretion. Sales tax may be added to the purchase price as required by applicable law. You agree to pay all charges at the prices in effect at the time of purchase, including any applicable shipping fees. By placing an order, you authorize Broadcast to charge your selected payment provider for the total amount due.

Broadcast's Rights

Broadcast reserves the right to refuse or cancel any order placed through the Services, in whole or in part, at its sole discretion. This includes the right to limit or cancel quantities purchased per person, per household, or per order, as well as orders that appear to be placed by dealers, resellers, or distributors. Broadcast also reserves the right to correct any errors or mistakes in pricing, even if payment has already been requested or received.

Your Broadcast subscription will automatically renew on a monthly basis unless you cancel it prior to the next billing cycle. By subscribing, you authorize Broadcast to charge your chosen payment method on a recurring basis for the applicable subscription fees, in accordance with the billing terms outlined in the Broadcast Terms of Service and Billing Policy which are incorporated herein by reference.

The specific billing cycle and renewal dates will be outlined in your order form upon subscribing and may be subject to change upon notice from Broadcast. You may cancel your subscription at any time through your Broadcast account settings or by contacting Broadcast customer support. Please note that cancellation will take effect at the end of your current billing cycle, and no refunds will be provided for partial periods.

We offer a 14-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at help@callloop.com.

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

For detailed information on billing terms, fees, and payment methods, please refer to the Broadcast Terms of Service and Billing Policy.

11. Prohibited Activities

You may not access or use the Software and Services for any purpose other than that for which we make it available. 

As a user of the Broadcast Platform, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Engage in any messaging in violation of any relevant laws or regulations (which may include and are not limited to, the Telephone Consumer Protection Act and the Do Not Call provisions of the Telemarketing Sales Rule)
• Engage in any messaging that is offensive, obscene, libelous, defamatory, fraudulent, abusive, or contains tortious material.
• Engage in messaging that is unsuitable for minors.
• Engage in messaging that promotes, incites or instructs on criminal matters.
• Engage in messaging that is false, misleading or deceptive, or likely to mislead or deceive.
• Engage in messaging that infringes the intellectual property rights or other rights of a third party.
• Engage in messaging that is otherwise unlawful.
• You will not send, cause to be sent or facilitate the sending of any message using the Service if the recipient to receive such message has not given you prior express consent.

12. User Generate Contributions

Broadcast may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading. 
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

13. Contribution License

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

14. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

16. Third-Party Websites and Content

The software may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

17. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

18. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the platform, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

19. Digital Millennium Copyright Act (DMCA) Noticed and Policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to help@callloop.com using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Broadcast
Attn: Copyright Agent
1045 East Atlantic Ave Suite 202
Delray Beach, FL 33483
United States
help@callloop.com

20. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

21. Modifications and Interruptions

Broadcast reserves the right to change, modify, suspend, or discontinue any aspect of the Services, including content, features, or functionality, at any time and for any reason, without prior notice or liability. Broadcast is not obligated to update any information on the Services or to provide any corrections, updates, or releases in connection therewith.

Broadcast does not guarantee uninterrupted or error-free availability of the Services.  The Services may be temporarily unavailable due to maintenance, upgrades, technical issues, or other circumstances beyond Broadcast's control. For information regarding our Service uptime commitment, please refer to the Service Level Agreement section of our Terms of Service.

You agree that Broadcast shall not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any period of unavailability, interruption, or modification..

22. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

23. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The following limitations periods apply to actions brought against Broadcast ("Broadcast") unless otherwise specified in a written agreement: Breach of Written Contract: Any action for breach of a written contract with Broadcast must be commenced within five (5) years from the date of the alleged breach, as per Florida law. Other Claims: Any action for breach of an oral or implied contract, negligence, fraud, misrepresentation, or other torts against Broadcast must be commenced within two (2) years from the date the cause of action accrues or the date the damage is discovered or should have been discovered with reasonable diligence. This two-year period will not be extended by any tolling or equitable doctrines, except as otherwise provided by law. Statutory Claims: Claims arising under specific statutes may be subject to different limitations periods as prescribed by law. Agreement to Shorter Period: By using Broadcast, you acknowledge and agree to the limitations periods set forth in this provision. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Arbitration Agreement carefully. It is part of Customer´s contract with Broadcast and affects Customer´s rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Broadcast that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to Customer and Broadcast, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Broadcast should be pursuant to Section 8.2 (Notices) of this Agreement. After the Notice is received, Customer and Broadcast may attempt to resolve the claim or dispute informally. If Customer and Broadcast do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at http://www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. The parties agree any such arbitration shall be filed and heard with the Florida chapter of the AAA. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Time Limits. If Customer or Broadcast pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of Customer and Broadcast, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon Customer and Broadcast. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between Customer and Broadcast in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, CUSTOMER AND Broadcast WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement. Survival of Agreement. This Arbitration Agreement will survive the termination of Customer´s relationship with Broadcast. Small Claims Court. Notwithstanding the foregoing, either Customer or Broadcast may bring an individual action in small claims court. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party”s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the state of, Florida, for such purpose. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable arbitrator rules or applicable law, the arbitration will take place in The United States of America, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the  state and federal courts located in The Palm Beach County Circuit Court, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

24. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

25. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

26. Customer Warranties

By using the Site, Service and Software, you represent and warrant to Broadcast that: You possess all necessary rights, power, and authority to enter into this Agreement and fulfill your obligations hereunder. Your use of the Site and Service will not breach any other agreement or obligation to which you are bound. You will comply at all times with all applicable laws and regulations regarding your use of the Site and Service, including but not limited to the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the CAN-SPAM Act, and all laws pertaining to privacy, telemarketing, and internet marketing. Indemnification: You agree to indemnify, defend, and hold harmless Broadcast, its affiliates, contractors, and their respective officers, directors, employees, and agents (collectively, "Broadcast Indemnities") from and against any and all losses, claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs of investigation or defense) arising from or relating to: Your breach of any warranty or representation made in this Agreement. Your use of the Site, Service, or Content, or the use of any account or computer owned by you. Your provision of User Content to Broadcast. Any claim by a third party alleging that your use of the Site or Service, or your provision of User Content, infringes or misappropriates such third party's intellectual property rights. Any claim by a third party arising from your material breach of this Agreement or your breach of any agreement with end-users or customers receiving services from you. Any claim by a third party arising from or relating to any Content that is reasonably within your control. Indemnification Procedure: Broadcast will promptly notify you in writing of any claim subject to indemnification under this section. You will have sole control of the defense and settlement of the claim, provided that you may not settle any claim without Broadcast's prior written consent, which shall not be unreasonably withheld. You will also, at your expense, reasonably assist Broadcast in defending any such claim.

27. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

28. Financial Cap on Liability

Broadcast's total aggregate liability for all claims arising out of or in connection with these Terms, the Site, or the Service shall not exceed the amount paid by you to Broadcast for the Service under your current billing cycle, as detailed in our Billing Policy.

29. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

30. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

31. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

32. SMS Text Messaging

Message Frequency

Broadcast may send a variable number of marketing emails to its customers per month, depending on factors such as the customer's subscription level, preferences, and engagement with previous emails. Frequency of Marketing Emails Broadcast aims to provide valuable information and updates to its customers through email communication. The frequency of marketing emails may vary, but customers can expect to receive a reasonable number of emails per month that are relevant to their interests and use of the Broadcast platform. Customer Control Broadcast respects its customers' preferences and provides options to manage email communication. Customers can adjust their email preferences or unsubscribe from marketing emails at any time by following the instructions provided in the emails or by contacting Broadcast directly. Transparency Broadcast will strive to be transparent about its email marketing practices and will clearly communicate its policies to customers. Any changes to the frequency or nature of marketing emails will be communicated in advance, giving customers the opportunity to adjust their preferences accordingly.

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at help@callloop.com.

33. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

34. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

35. Service Modification, Suspension, or Discontinuation

Broadcast reserves the right to modify, suspend, or discontinue the Site or Service, in whole or in part, at any time and for any reason, without prior notice or liability.

Modifications to this Policy

Broadcast reserves the right to modify this Policy at any time, in its sole discretion. Any changes to this Policy will be effective immediately upon posting the revised Policy on the Broadcast website or through other communication channels. Your continued use of the Services after the posting of any revised Policy constitutes your acceptance of the changes. We encourage you to periodically review this Policy to stay informed of any updates.

36. Privacy

Broadcast employs commercially reasonable security measures to protect the Site, Service, and transmitted data. However, no method of transmission over the Internet or electronic storage is completely secure. Therefore, Broadcast cannot guarantee the absolute security of your information and disclaims any liability for unauthorized access, disclosure, alteration, or destruction of data, including but not limited to security breaches, data interception, or damage to your computer systems resulting from your use of the Site or Service.

For more information regarding our security practices, please refer to our Privacy Policy.

37. Submissions, Suggestions, & Community Participation.

Any suggestions, ideas, enhancement requests, recommendations, or other feedback ("Feedback") that you provide to Broadcast regarding the Website, Service, or any of Broadcast's products or properties, whether solicited or unsolicited, shall be considered the sole and exclusive property of Broadcast. This includes Feedback designated as confidential by you. Broadcast shall have the unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback worldwide and in any media, without any obligation to compensate you or attribute the Feedback to you. Furthermore, any other content, information, or materials that you post, transmit, upload, or otherwise provide to Broadcast through any means, including but not limited to comments, forums, emails, or other communication channels ("Communications"), shall also be considered the sole and exclusive property of Broadcast. By submitting Feedback or Communications to Broadcast, you hereby irrevocably assign all right, title, and interest in and to such Feedback and Communications to Broadcast, and you agree to cooperate with Broadcast in executing any documents and taking any actions necessary to confirm or perfect Broadcast's ownership rights. You acknowledge and agree that you have no expectation of privacy or confidentiality with respect to any Feedback or Communications you submit to Broadcast, and you waive any and all claims that you may have in this regard.

38. Intellectual Property

Ownership and Restrictions All content on the Broadcast website, including graphic images, buttons, text, software, logos, and trademarks, are the exclusive property of Broadcast ("Broadcast") or its licensors. This content is protected by copyright, trademark, and other intellectual property laws. Unless otherwise noted, you are permitted to use the Broadcast website and its content solely for the purpose of accessing and using the Broadcast service in accordance with these Terms of Use. You may not copy, modify, distribute, sell, lease, sublicense, or reverse engineer any content without the express written permission of Broadcast or the applicable rights holder. Trademarks "Broadcast" and the Broadcast logo are trademarks of Broadcast registered in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Broadcast may be the trademarks of their respective owners. Copyright Infringement Policy Broadcast respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). It is our policy to terminate access to Broadcast by any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification of such infringement to us by the copyright owner or their legal agent. Notification of Claimed Infringement If you believe your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Broadcast, please notify Broadcast's copyright agent with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on Broadcast; Your address, telephone number, and email address; A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Designated Agent Our agent for notices of claimed copyright infringement can be reached as follows: Broadcast Attn: Copyright Agent 1045 E. Atlantic Ave #202 Delray Beach, FL 33483

39. Customer Compliance and Responsibilities

Customer represents and warrants that it will comply with all applicable international, federal, state, and local laws and regulations governing its use of the Broadcast Service, including, but not limited to: The Telephone Consumer Protection Act (TCPA) The Telemarketing Sales Rule (TSR) The CAN-SPAM Act The National Do Not Call Registry regulations Customer acknowledges its responsibility to familiarize itself with these laws and regulations by reviewing the resources provided by relevant authorities, including the Federal Trade Commission (FTC) at http://www.ftc.gov, the Federal Communications Commission (FCC) at http://www.fcc.gov, and the National Do Not Call Registry at http://www.donotcall.gov. Campaign Conduct: Customer agrees to: Promptly add any individual requesting Do Not Call (DNC) status to its account's DNC list. Provide accurate and legal contact information within the initial greeting message of any outbound campaign. Use only its own sound files for outbound campaigns. Dial each campaign responsibly and with courtesy to recipients. Schedule campaigns responsibly, avoiding disruptive or inconvenient times. Refrain from sending calls to life-line services, such as hospitals, fire, police, 911, or utility-related telephone numbers. Obtain prior express written consent before sending sales outbound broadcasts. Utilize the DNC/opt-out features provided by Broadcast. Consult with legal counsel if uncertain about the legality of any dialing activities. By using the Broadcast Service, Customer acknowledges that it has read, understood, and agreed to these terms and conditions. Broadcast shall not be held liable for any violations of applicable laws or regulations by Customer.

40. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Broadcast
1045 E Atlantic Ave suite 202, Delray Beach, FL 33483, USA
Delray Beach, FL 33483
United States
help@callloop.com