Terms of Service (Terms and Conditions)
Welcome to CallTrackingMetrics. This agreement applies to all of the websites on which it is posted including calltrackingmetrics.com and calltrackingapp.com. Use and access to these sites (including any rebranded or white label version of the sites), the call tracking, text message, and reporting software (the “Services”) described below are subject to these terms and conditions of use (the “Terms”).
We reserve the right to change these Terms from time to time. Any updates shall be posted on this website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use any CallTrackingMetrics sites or services after we post any such changes, you accept these Terms as modified.
By accessing one of the CallTrackingMetrics sites or services. You (the “Customer”) accept(s) these Terms and certify that you have reviewed these Terms.
If you are accepting these Terms for a company or agency, you hereby warrant that you (1) have the legal right and authority to enter into these Terms for the company as named in the Account, (2) acknowledge that you are accepting these Terms on behalf of a company or other entity (3) you are binding the company or other entity to the Terms and (4) if you becomes no longer affiliated with the company or entity in which you entered the agreement under, then the account and associated content and data is maintained as the property of the company or entity, and the authorized officers of that organization.
1. Privacy Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
2. Electronic Communications When you visit Call Tracking Metrics or send e-mails to us, you are communicating with us electronically. When you create an account and enter your email address, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Services Services described on the CallTrackingMetrics sites may or may not be available in all countries or regions of the world and may be available under different trademarks in different countries. You agree to use the CallTrackingMetrics Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
The Services consist of one or more of the following: a web-based interface, information about the caller, call forwarding, advertising channel information for incoming phone calls, text messaging applications, call and text data access, call and text data storage as well as software maintenance and upgrades and customer support, that enable you to track the performance of your advertising campaigns. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Services, and for paying all telephone or internet connection charges (e.g. ISP, internet connection, taxes etc) incurred while using the Services.
CallTrackingMetrics only provides that the Services are processed correctly and delivered by CallTrackingMetrics to the applicable network. CallTrackingMetrics is not responsible for the final delivery of any communication initiated through CallTrackingMetrics’ Services, as this is out of our control and is the responsibility of the communications carrier.
CallTrackingMetrics transmits and receives phone calls and text messages via major telecommunications companies and mobile network operators, and thus CallTrackingMetrics’ influence over the timing of the transmission of your messages and phone calls is within the technical constraints imposed upon CallTrackingMetrics. While CallTrackingMetrics shall use commercially reasonable efforts to transmit your calls and messages to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time.
CallTrackingMetrics is not liable for any loss incurred by the failure or delay of a phone call or text message to be connected or delivered, and you acknowledge that damages for financial or other loss resulting from connection or delivery failure cannot be claimed from CallTrackingMetrics for any such failures.
4. User Accounts
4.1 Authorized Users: You may use the service through the use of your username and password login. You shall provide CallTrackingMetrics with accurate, complete and regularly updated profile information associated with your login. You agree to notify CallTrackingMetrics of any known or suspected unauthorized use of your user login account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in CallTrackingMetrics’ sole discretion, and you may be reported to appropriate law-enforcement agencies.
4.2 Authorized Users of Company Accounts: The original user account that created the account for a company or entity will be the first administrator of the account. Additional administrator level users can be added to the company account at any time by another administrator. If at anytime an employee or person affiliated with the company should no longer have access to the company account, a current administrator of the account can remove their access through the manage user panel or if that access does not yet exist, an officer of the company should contact CallTrackingMetrics to adjust the user access as needed.
5. Termination of Agreement
5.1 By CallTrackingMetrics: Unless otherwise specified to the contrary, your right to access or use the Services terminates when:
1. The available balance falls below $0 in your Account(s). When this happens, past call data and reports will still be accessible up to a period of 60 days, but tracking numbers will be released as they come up for renewal and phone calls will no longer be connected through CallTrackingMetrics tracking numbers as they are released.
2. Or any other date upon which CallTrackingMetrics has the right to terminate your Account(s) or suspend the Service as provided in this Agreement or any other applicable agreement or policy.
5.2 By Customer: You may cancel your Account through the cancellation process on the account settings page within the CallTrackingMetrics website or for agencies, that may be done on the agency settings page. Such cancellation will prompt you to confirm the release of all active tracking numbers associated with the account and will stop the monthly fees for numbers and chosen plan from being charged going forward. In addition, no phone calls will be connected through the tracking numbers once the account has been cancelled.
After canceling an account, the available balance will be preserved for when/if you reactivate your account. If you would like to request a refund of the available balance, please contact firstname.lastname@example.org. While not guaranteed, CallTrackingMetrics is generally able to refund any unused funds in the available balance upon cancellation provided the account is in good standing and the transactions funding the available balance have occurred within the past 3 months.
5.3 Termination for Non-Payment or Other Breach: CallTrackingMetrics may, without refund, terminate an Account or suspend access to the Service immediately without notice, in CallTrackingMetrics sole discretion, if you fail to (i) pay all amounts when due, or (ii) comply with this Agreement, thereby terminating this Agreement (except for terms which by their nature should survive) and all obligations of CallTrackingMetrics hereunder or with respect to the Service. You shall be responsible for any balance due on the Account.
5.4 Account Data: CallTrackingMetrics may, after 60 days post Account cancellation, delete all account usage information and data, including, but not limited to, calling history, audio files, configuration profiles, and other information indicative of your use of the service.
6. Price and Payment.
6.1 Establishing Initial Account with Available Balance: In order to start using Call Tracking Metrics service, you will need to select a service plan and pay any respective service plan monthly software fees upfront for the first 30 days of service AND input money into the new account to use to start purchasing numbers and consume minutes. You have two options for adding funds to the available balance on an ongoing basis:
1. Set-up the account so that the balance recharges automatically using the credit card on file if the available balance falls below a specific amount (this is the default)or
1. Choose to manually add funds to the available balance using the credit card on file.
You grant CallTrackingMetrics the right to charge the credit card provided in your Account for all fees incurred under this policy.
6.2 Renewal Term: Thereafter, any monthly software fees for the chosen service plan, the monthly fee for phone numbers, the per minute charges for minutes used, and the per text message rates for text messages sent or received will all be deducted from your available balance.
If the service plan you have selected has an associated “monthly software fee”, the term of the service for that plan is for an initial period of 30 days and will thereafter automatically renew for successive 30-day periods. The term of the service will continue to renew until you cancel the account by going to the “account settings” or “agency settings” page.
6.3 Tracking Numbers: Each tracking number purchased is valid for 30 days of service and will thereafter automatically renew for successive additional 30-day periods. The monthly renewal fee for the number will be deducted from your available balance. You can cancel a tracking number by releasing it on the edit tracking number page.
6.4 Per Minute Charges: For clarification and without limitation to which plan has been selected, CallTrackingMetrics shall bill for all minutes of usage for each call from the instant a call is initiated by, or connected to, the CallTrackingMetrics network to the instant all parties to such call are disconnected. Call duration calculations will be rounded up to the nearest minute. The per minute rates shown on the pricing and signup page apply to the standard rate center for each country that matches the purchased tracking number. Your actual per minute rates may be higher depending on the rate center of your receiving number. You can check the exact per minute rate of your receiving number rate center lookup
6.5 Interest: Until paid in full, all past due amounts will bear an additional charge of the lesser of 1 1/2% per month or the maximum amount permitted under applicable law.
6.6 Late Payments: If CallTrackingMetrics requires use of collection agencies, attorneys, or courts of law for collection on the account, you will be responsible for those expenses. You will be responsible for all use, sales, and other taxes imposed on the Services provided under this policy.
6.7 Pricing Changes: CallTrackingMetrics may change any portion of the Fees by posting the changes to the Sites or otherwise notifying customers of the change, such changes to take effect at the beginning of the next period of service.
6.8 Disputed Charges: Billing disputes must be submitted within 30 days of the applicable billing date or are deemed waived. Disputes shall be considered in the order received and are subject to determination in the sole judgment of CallTrackingMetrics. If a valid transaction is disputed through the processing bank as a "chargeback" and thus the transaction is reversed, the amount of that transaction will be deducted from the current available balance of the corresponding account AND a $25 processing fee will be applied to the account. Please take care to not dispute valid transactions. We would be happy to address any questions about transactions you may have.
7. Security Rules
You are prohibited from violating or attempting to violate the security of the CallTrackingMetrics Sites and Services and from using the CallTrackingMetrics Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the CallTrackingMetrics Sites or Services, host or network, including, without limitation, via means of submitting a virus to the CallTrackingMetrics Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. CallTrackingMetrics may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the CallTrackingMetrics Sites who are involved in such violations.
8. Compliance with Laws Customers using the Service for telemarketing or similarly regulated purposes are directly and solely responsible for compliance with applicable laws, including without limitation for filing, subscribing, or holding appropriate regulatory compliance documentation as required by competent jurisdictions and/or the purchase of access to any do-not-call lists and the like.
You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the phone calls and messages transmitted through the CallTrackingMetrics Services.
You accept that the Services are provided for professional use only, and you agree that your use of the CallTrackingMetrics Sites or Services shall not include:
- Sending unsolicited marketing messages or broadcasts (i.e. spam);
- Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
- Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
- Harvesting, or otherwise collecting information about others, without their consent;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
- Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
- Interfering with another's use and enjoyment of the Services or CallTrackingMetrics Sites; or
- Engaging in any other activity that CallTrackingMetrics believes could subject it to criminal liability or civil penalty/judgment.
CallTrackingMetrics will not be liable for any misuse of the Services.
You will not purposely route calls to high cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the CallTrackingMetrics system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by CallTrackingMetics and fines may be assessed to recover excess charges from CallTrackingMetrics carriers.
Any violation of Call Tracking Metrics policies will be grounds for termination of the Account, at Call Tracking Metrics' sole discretion, you may be reported to appropriate law enforcement agencies.
9. Modification of Features.
CallTrackingMetrics may at any time change, modify, suspend, or discontinue any aspect of the Service, including, without limitation, the availability of any Service feature, database or content, hours of availability, or equipment needed to access the Service. CallTrackingMetrics may also impose limits on certain features or restrict user’s access to parts or all of the Service without notice or liability. CallTrackingMetrics does not guaranty that the Service may be accessed from all locations or with all equipment or types of communications access.
10. Telephone Numbers.
Call Tracking Metrics will use commercially reasonable efforts to obtain the telephone number(s) requested, and use commercially reasonable efforts to initiate and complete port requests. You acknowledges that CallTrackingMetrics may need to change the telephone number assigned to the Customer (due to an area code reassignment or split, or for any other reason). You acknowledges that if the Service is suspended or terminated due to non-payment or breach of this Agreement, you may not be able to obtain the same local or toll free numbers should the Service be reactivated. Call Tracking Metrics may, after 30 days post-cancellation of service and the inability or lack of desire to port the telephone number, remove all telephone numbers from Account.
Phone numbers acquired through CallTrackingMetrics can be ported to another carrier after at least 60 days of use from the time of initial purchase. Any attempts to use CallTrackingMetrics merely a source of numbers to be immediately ported away without use of the numbers on our system is not permitted.
11. Call Recording.
CallTrackingMetrics makes available technology that offers you the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, CallTrackingMetrics will, at the Customer’s discretion, create a digital audio recording of the telephone call. CallTrackingMetrics provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded.
If you choose to record telephone calls, you expressly agree and acknowledge that:
1) You authorize CallTrackingMetrics to make incoming call recordings on your behalf. and
2) You either: 1. Authorize CallTrackingMetrics to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call;
OR 1. Makesthe necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of an call in accordance with the law;
CallTrackingMetrics shall have no liability whatsoever in respect of any use made by you, your employee, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.
12. DISCLAIMER OF WARRANTIES.
THIS SITE IS PROVIDED BY CALLTRACKINGMETRICS ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALL TRACKING METRICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE CALL TRACKING SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CALL TRACKING METRICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CALLTRACKINGMETRICS DOES NOT WARRANT THAT THIS SITE, ITS CALL TRACKING NUMBERS, ITS SERVERS, OR E-MAIL SENT FROM CALL TRACKING METRICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CALL TRACKING METRICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR CALL TRACKING SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. WAIVER OF LIABILITY.
EXCEPT AS SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CALL TRACKING METRICS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF THE ACCOUNT OR THE SERVICE BY ANY PARTY OR THE INABILITY TO USE THE SERVICE OR CUSTOMER’S RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THE CALLTRACKINGMETRICS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CALLTRACKING METRICS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, CALLTRACKINGMETRICS IS FOUND LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), CALLTRACKINGMETRICS LIABILITY TO CUSTOMER WILL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE SERVICE SUBSCRIPTION IN THE LAST THREE (3) MOST RECENTLY PAID MONTHS.
14. Intellectual Property Rights.
14.1 Ownership: The brand names, slogans, trademarks, service marks, designs, and logos used on the Call Tracking Metrics Website or in conjunction with the Service, including without limitation Call Tracking Metrics (collectively, the "Marks") are the trademarks of Call Tracking Metrics and its licensors.
You further agree not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the Marks without the prior written consent of CallTrackingMetrics.
14.2 Site Content: All information and materials published, transmitted, or otherwise available on the CallTrackingMetrics Website or through the Service (including, but not limited to, terms of service, use policies, service documentation, user help, informational resources, images, equipment configurations, audio clips, and video clips, collectively, "Content") are protected by copyright or trademarked (as applicable), and owned or controlled by CallTrackingMetrics, its licensors, or affiliated companies. Customer shall abide by all copyright and trademark notices, limitations, and restrictions applicable to any Content or to the Service. Without limiting the foregoing, no Content may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Service in accordance with its intended use, nor may derivative works be created from it or distributed in any way.
14.3 Proprietary Technology: The software, hardware, and other technologies which CallTrackingMetrics uses to deliver the Service (the "CallTrackingMetrics Technologies") contain confidential and proprietary information, trade secrets, and other property rights belonging to CallTrackingMetrics and its licensors, and all rights to the CallTracking Metrics Technologies and all property rights related to the Service, including without limitation all patents (registered or unregistered), trade secrets (including diagrams, drawings, processes, production methods, information, data, computer software, and formulas), copyrights (whether registered or unregistered), domain names and sub domains, end-user and consumer information, work product resulting from custom implementation services, and contract rights, including all derivative works thereof (whether produced by Call Tracking Metrics, you, or otherwise), shall remain exclusively with CallTrackingMetrics and its applicable licensors.
Customer rights to the CallTrackingMetrics Technologies are limited to a non-exclusive and non-transferable runtime right solely during the term of the applicable Account subscription and solely for the purpose of using the Service. All Service is hosted by Call Tracking Metrics and no software code (other than APIs if Call Tracking Metrics agrees to provide the same in its sole discretion) will be provided to Customer.
14.4 Derivative Works: Customer may not modify, create derivative works or, redistribute, sell, decompile, reverse engineer, or disassemble the Call Tracking Metrics Technologies or otherwise attempt to deduce the source code, design, or data transmission characteristics of the CallTrackingMetrics Technologies. Customer may not use packet sniffers or other network or IP tracing technologies on the Service or with the Call Tracking Metrics Technologies except for the specific purpose of optimizing your network for use of the Service in accordance with CallTrackingMetrics Service documentation.
15. Use of Customer Name and Logo.
Customer hereby grants CallTrackingMetrics a royalty-free, nonexclusive, limited license to use the name and logo of Customer on the Call Tracking Metrics website or in other public relations materials to include Customer as a customer of Call Tracking Metrics. Customer may terminate such authorized use upon 30 days written notice.
With respect to any violation of this Agreement, Customer agrees to indemnify and hold harmless CallTrackingMetrics, and its subsidiaries, parents, affiliates, managers, shareholders, officers, directors, agents, resellers, sales affiliates, licensees or other partners, and employees, from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the Service, any other parties’ use of the Customer Account, or any conduct while using the Service, violation of this Agreement, or violation of any rights of another, including without limitation any violation of applicable law or any tort committed while using the Service.
17.1 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of Maryland, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between Customer and Call Tracking Metrics or its associates.
17.2 Enforceability: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
17.3 Modification: Except when expressly provided by another written agreement with CallTrackingMetrics, this is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by an authorized representative of CallTrackingMetrics. Customer agrees that CallTrackingMetrics may, in its sole discretion, from time to time add to, delete from, or modify this Agreement in any reasonable manner by providing notice as permitted above.
17.4 Force Majeure: CallTrackingMetrics shall not be deemed in breach of this Agreement, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of God.
17.5 Transferability: The right to use the Service and access the Account is not transferable, sublicense able, and may not be sold, rented, or timeshared, unless expressly permitted in another agreement with Call Tracking Metrics. Call Tracking Metrics may assign this Agreement, in whole or in part, at any time with or without notice.
17.6 No Waiver: The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.