(formerly Keap Phone Line Beta Service)
Supplemental Terms of Service
Effective Date: July 23, 2019
This Keap Business Line Service (formerly Keap Phone Line Beta Service) providing certain telephony and messaging services ("Business Line Service") Supplemental Terms of Service (“Supplemental Terms”) describes additional terms and conditions applicable to the B Service and is incorporated by reference into and governed by the Terms of Use and End User License Agreement for Keap Mobile, or other similar written agreements between You and Keap (the “Terms”). Use of the Business Line Service is also subject to our Privacy Policy, Application Privacy Notice, and Acceptable Use Policy. The Terms contain definitions of capitalized terms not otherwise defined in these Supplemental Terms. For purposes of the Terms, the Business Line Service shall be included within the definition of Keap Service. The terms of these Supplemental Terms take precedence over any conflicting provisions in the Terms.
In order to continue to provide You with the Business Line Service, You must not engage in any unsolicited communications, and must comply with the consent requirements and use limitations outlined below, along with the entirety of these Supplemental Terms, and all laws, rules, and regulations applicable to the Business Line Service.
WHEN YOU ACCEPT THESE SUPPLEMENTAL TERMS YOU AND ANY COMPANY YOU REPRESENT AGREE TO FOLLOW AND BE BOUND BY THESE SUPPLEMENTAL TERMS. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOUR COMPANY, YOU ARE REPRESENTING TO US THAT YOU HAVE READ THESE TERMS, YOU HAVE THE AUTHORITY TO BIND YOUR COMPANY, AND THE TERM “YOU” SHALL REFER TO YOUR COMPANY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THESE SUPPLEMENTAL TERMS, YOU SHALL NOT BE PERMITTED TO USE THE BUSINESS LINE SERVICE.
We may update or change these Supplemental Terms from time to time and recommend You review the Supplemental Terms regularly. You understand and agree that Your continued use of the Business Line Service after any change to the Supplemental Terms constitutes Your acceptance of the Supplemental Terms as revised. These Supplemental Terms will be effective as of the date set forth above.
Article I Services
1.1. Features. Your version of the Business Line Service may include certain voice and messaging services, along with additional features, such as Caller ID, Call Blocking and certain Contacts, Tasks, and email functionality. You agree that You are solely responsible for the use of any such functionality, including without limitation, compliance with all applicable laws, rules, and regulations applicable to the Business Line Service, obtaining any necessary consent required to use any feature, and complying with all restrictions, laws, rules, and regulations applicable to any data or information you provide in conjunction with use of the Business Line Service. You also agree that We shall not be liable to You or any third party for the functionality, efficacy, or availability of any such feature, or Your use of the Business Line Service.
1.2 Geographic Areas. We do not guarantee that the telephony and messaging functionality included in the Business Line Service will be available in all geographical areas. We may also disable Your ability, or charge You an additional fee, for use of the Business Line Service in, or for calls and messages to or from, certain geographical areas if We choose to, even if We generally offer the Business Line Service for use in, or for calls and texts to or from, those areas.
1.3 Changes to Business Line Service. The features and functions of the Business Line Service may change over time, and We reserve the right to add, modify, suspend or terminate the Business Line Service (or any part thereof), either temporarily or permanently, at any time and with or without notice to You. We will make reasonable efforts to let You know prior to implementing changes or suspending or terminating the Business Line Service. You agree that We shall not be liable to You or any third party for any modification or cessation of the Business Line Service. You also acknowledge that We have no express or implied obligation to provide, or continue to provide, the Business Line Service, or any part thereof.
1.4 Your Participation. We might require Your use of the Business Line Service to be confidential, and We might also require You to provide feedback to us about Your use of the Business Line Service. You agree that We own all rights to use and incorporate Your feedback in our services or products, without payment or attribution to You.
1.5 Phone Number Reclamation. All phone numbers provided as part of the Business Line Service are subject to rules and restrictions imposed by telecommunication carriers and Our third-party service providers. In order to comply with such rules and restrictions, We may, in Our sole discretion, reclaim Your phone number(s) as required by such telecommunication carriers and third-party service providers. We, however, will use commercially reasonable efforts to provide notice to You prior to any phone number reclamation. We also reserve the right to reclaim phone numbers from accounts that are terminated or suspended for any reason and/or suspended for suspected fraud, and to reclaim phone numbers in free trial accounts.
1.6 Phone Number Porting. Unless otherwise required by law or Our third-party service provider, We reserve the right to refuse to allow You to port away any phone number in our sole discretion. We may allow You to port away phone numbers, so long as You (1) have an account in good standing, and (2) have either ported in or purchased the phone number more than 90 days prior to the port-away date.
1.7 Fair use. You agree that You shall not: (i) share Your use of the phone number(s) associated with Your use of the Business Line Service with a third party through any means or (ii) resell any phone number or subscriptions for the Business Line Service. We reserve the right at Our option and without notice to You to use technologies and take actions that may block or limit Your use of the Business Line Service, in whole or in part, including but not limited to termination, if We determine in Our sole discretion that Your use of the Business Line Service may violate these Supplement Terms or the Terms, Your voice usage exceeds 2,000 minutes or your messaging use exceeds 2,000 messages in any month, or Your use is inconsistent with normal user activity, is excessive, unreasonable, irregular, or otherwise impairs the use of Business Line Service by others, in each case without liability to You. You further agree that if You are using the Business Line Service as part of a special or promotional offering, Your usage limits may be lower.
1.8 Call Recording. The Business Line Services may provide a function that allows You to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. You are responsible for applying the local laws in the relevant jurisdiction when using this feature.
1.9 Voicemail Transcription. Your version of the Business Line Service may include voicemail transcription capabilities and other messaging and voice analytics. If so, by using the Business Line Service, You acknowledge and agree that We may transcribe or have transcribed by a third party, and store and have stored by a third party, voicemail messages, and to make transcriptions available to You, and that You hereby provide Your express consent to the foregoing and acknowledge and agreement that We shall not have any liability to You for any transcription errors.
1.10 Analysis. FOR THE BUSINESS LINE SERVICE, WE MAY BE TESTING THE EFFICACY OF VARIOUS TYPES OF AUTOMATED RESPONSES AND COMMUNICATIONS SENT FROM THE BUSINESS LINE SERVICE, WHICH REQUIRES THAT WE REVIEW AND ANALYZE THE CONTENT OF COMMUNICATION SENT BY AND TO YOU USING THE BUSINESS LINE SERVICE. BY ACCEPTING THESE SUPPLEMENTAL TERMS OR BY USING THE BUSINESS LINE SERVICE, YOU EXPRESSLY CONSENT TO OUR USE OF AND ACCESS TO COMMUNICATIONS CONTENT, AND PROVIDING SUCH DATA TO OUR THIRD PARTY PROCESSORS AND SERVICE PROVIDERS, FOR THE PURPOSES OF ANALYZING CONTENT, CREATING AND TESTING CONTENT REPONSES, DELIVERING ADDITIONAL FUNCTIONALITY TO YOU, PURPOSES SPECIFIED IN OUR PRIVACY POLICY, AND OTHERWISE IMPROVING THE BUSINESS LINE SERVICE. IN ADDITION, YOU HEREBY GRANT US AND OUR THIRD-PARTY PROCESSORS AND SERVICE PROVIDERS A LIMITED LICENSE TO REVIEW YOUR COMMUNICATIONS CONTENT FOR THE PURPOSES DESCRIBED HEREIN.
Article II Restrictions on Use
2.1 You agree not to use the Business Line Service in the following prohibited ways:
(a) Using the Business Line Service to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of Keap or its third-party service providers.
(b) Attempting to bypass or break any security mechanism on any of the Business Line Service or using the Business Line Service in any other manner that poses a material security or service risk to Keap, its third-party service providers, or any of its other customers.
(c) Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any Keap Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of Keap Services.
(d) Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
(e) Using the Business Line Service in any manner that materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) any carrier or third party service provider guidelines and or other usage requirements as communicated by Keap to You.
(f) Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
(g) Using the Business Line Service in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including but not limited to unsolicited or unwanted phone calls, SMS or text messages, chat, voice mail, video, or faxes.
(h) Using the Business Line Service to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
(i) Using the Business Line Service to engage in, or in connection with fraudulent activity.
(j) Using the Business Line Service to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended.
(k) Using the Business Line Service to transmit any material that infringes the intellectual property rights or other rights of third parties.
(l) Using the Business Line Service to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Keap or its third party service providers reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
(m) Using the Business Line Service to transmit any material or content that is offensive, inappropriate, pornographic, obscene or otherwise objectionable to any person or entity who did not provide prior express consent to receive such material or content.
(n) Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
(o) Use the Business Line Service to access or allow access to Emergency Services.
(p) Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
(q) Using the Business Line Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).
(r) Examples Only. These use restrictions contain examples of restricted behavior but does not list all restricted behaviors. Ultimately, Keap will decide whether Your use of the Business Line Service violates the Terms and Supplemental Terms.
2.2 Messaging Consent. You agree to obtain consent from the message recipient when using any messaging service included with the Business Line Services, including SMS and MMS functionality, as described below or in compliance with any laws, regulations, or rules which are more stringent than those set forth herein.
(a) Consent cannot be bought, sold, or exchanged, so You cannot obtain consent by purchasing a phone list from another party.
(b) Consent requirements:
i. Prior to sending the first message, You must obtain agreement from the message recipient to communicate with them. You must make clear to the individual they are agreeing to receive messages of the type You're going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the individual completed a sign-up flow.
ii. If You do not send an initial message to that individual within 30 days of receiving consent, then You will need to reconfirm consent (see “Double Opt-in” below).
iii. The consent applies only to You and to the specific use or campaign to which the recipient has consented and does not provide You a blanket consent to send any other messages.
(c) Alternative Consent
i. Contact initiated by an individual. If an individual sends a message to You, You are free to respond in an exchange with that individual. In such a case, the individual’s inbound message to You constitutes both consent and proof of consent. Remember that the consent is limited only to that particular conversation so You will be required to obtain additional consent for communications outside that conversation.
ii. Contact initiated by You to send informational content to an individual based on having a prior relationship
1) You may send an outbound message that provides information requested by the individual, or that can be reasonably expected by the individual based on Your relationship.
2) The message can't attempt to promote a product, convince someone to buy something, or advocate for a social cause.
3) The individual must have knowingly provided their phone number to You, and have taken some action to trigger the potential for communication. Actions can include a button press, setting up an alert, making an appointment, or placing an order.
iii. The alternative consent requirements cannot be used for promotional content such as marketing, coupons, advertisements, notifications regarding a job opportunity, and sweepstakes, independent of whether the individual initiates contact, or You have consent for informational content of the type noted above based on a prior relationship.
(d) Double Opt-in Consent.
i. We require double opt-in consent in some limited use cases.
1) Lead generation services
2) Sweepstakes
3) Financial products, unless You are the financial institution directly offering the product and the services offered are permitted by the Terms and Our Acceptable Use Policy
4) Job alerts
5) Work-from-home offers
ii. Double opt-in is a two-step process:
1) First, the message recipient must knowingly provide consent to You prior to receiving any message. That consent must be provided through an electronic signature or some other online sign-up form that makes clear to the individual they are agreeing to receive messages of this type.
2) Second, in Your first message to that individual, You must identify Yourself and prompt the individual to confirm their consent. For example, “This is Company X. You recently signed up to receive text messages from us. Please reply YES to confirm or STOP to unsubscribe.” Only after You receive the confirmation “YES” may You send a follow-up message.
(e) Identifying Yourself as the Sender. Every message You send must clearly identify You as the sender, except in follow-up messages of an ongoing conversation.
(f) Message Recipient Opt-out
i. The initial message that You send to an individual must include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT.
ii. Individuals must also have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, You may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before You can send any additional messages.
(g) Periodic Messages and Ongoing Consent
i. In some cases, You may want to periodically send messages to an individual who earlier provided proper consent. This practice is allowed, provided that Your message includes a reminder to the individual about how to unsubscribe.
ii. You must respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent no less often than once every 18 months.
(h) Age and Geographic Gating. In addition to any restrictions in the Terms and Acceptable Use Policy, if You are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, You must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located.
(i) Compliance. You need to be able to provide proof that You have in place measures to ensure compliance with these restrictions.
Article III Warranty & Limitation of Liability
3.1 No Warranty. THE BUSINESS LINE SERVICE MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, WE ARE PROVIDING THE BUSINESS LINE SERVICE TO YOU ON AN “AS IS.” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BUSINESS LINE SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANY PUBLISHED DOCUMENTATION THAT STATES OTHERWISE, INFUSIONSOFT DOES NOT WARRANT THAT THE BUSINESS LINE SERVICE WILL BE ERROR-FREE OR THAT THEY WILL MEET YOUR REQUIREMENTS, ANY SPECIFIED SERVICE LEVEL, OR WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BUSINESS LINE SERVICE, AND ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE BUSINESS LINE SERVICE.
3.2 Limitation on Liability
(a) THE BUSINESS LINE SERVICE IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR MESSAGES TO ANY EMERGENCY SERVICES. NEITHER KEAP NOR ITS REPRESENTATIVES OR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD INFUSIONSOFT HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE OUR SERVICES TO CONTACT EMERGENCY SERVICES.
(b) IN NO EVENT WILL KEAP BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM YOUR USE OF THE BUSINESS LINE SERVICE OR THESE SUPPLEMENTAL TERMS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY.
Article IV Payment
4.1 In App Purchase. You may be eligible to purchase a subscription to the Business Line Service through the Apple App Store and your iTunes account. In such event, You will automatically be charged for the Business Line Service on a monthly basis at the rate specified at the time you subscribe. Your subscription will automatically renew until cancelled. You may also be eligible for a free trial period. In such event, at the conclusion of the trial period specified at the time you subscribe to the service, you will automatically be charged for the Business Line Service on a monthly basis at the rate specified at the time you subscribe. If you add or modify your subscription prior to the conclusion of any trial period, any unused portion of a that free trial period will be forfeited. You may manage your subscription through your iTunes settings, and may cancel your subscription anytime by turning off auto-renewal at least 24 hours prior to the end of the current period. We reserve the right to change or increase fees for the Business Line Service at any time upon notice to You.
4.2 Additional Subscriptions. Unless You purchase additional services from Us, the Business Line Service includes only the services described in these Supplemental Terms. If specified at the time You purchase any additional services from Us, the Business Line Services may be included as part of that subscription and used in conjunction with those services. Such additional services may not be eligible for payment as an in-app purchase through the Apple App Store and your iTunes account. If you purchase any additional services which include the Business Line Service, Your remaining free trial period or monthly subscription for iTunes purchased Business Line Services will be forfeited.