Ringcentral Video Free Terms Of Service

Service Attachment
Last updated: July 2020
 
If you receive RingCentral services through your employer, your use of the services is governed by the agreement between RingCentral and your employer and the Privacy Notice, Emergency Calling Policy and Acceptable Use Policy, available at www.ringcentral.ca/legal.html

If you are under the age of 16 you may not use this Service.
Please read these RingCentral Video Free terms of service (“Agreement”) carefully before using the Service. By using the Service, You are entering into a legally binding agreement with RingCentral to be bound by this Agreement. The Agreement affects your legal rights, including your right to have disputes involving the Service heard by a court, your right to participate in a class action, your right to claims under implied warranties, and your right to recover damages from RingCentral. If You do not agree to the terms of this Agreement, do not download, install, or use the Service.
 
1. What Does this Agreement Cover?
RingCentral Video Free is a cloud-based unified communications service that includes chat, video, mobile and desktop apps, and web clients that integrate with a growing list of applications. Collectively, all of these things qualify as the “Service” covered by this Agreement. Put another way, Your use of or access to the Service is governed by this Agreement. If you use other RingCentral products or services, besides RingCentral Video Free, your use of those additional products or services may be subject to separate terms.
Please note that when you integrate RingCentral Video Free with a third-party application (in other words, an application that We don’t own or run), this Agreement does not apply to Your use of the third-party application, and RingCentral does not control the terms of Your relationship with that third party. Be sure to carefully review the relevant terms and privacy notices provided by the third party before You use an integration.
 
When You read through this Agreement, You’ll notice that some terms are capitalized. Take a look at the last section of this Agreement for definitions of those capitalized terms.
 
2. Use of the Service
A. System Requirements
Your use of the Service is dependent on You having sufficient internet access and any software or devices necessary to access the Service. If offered by RingCentral, such software or devices may be subject to charge. Use of the Service with incompatible devices, services or networks, or failure to update Your devices or software, may result in an inability to use the Service. Whether a particular piece of software or device is compatible with the Service can change over time.
 
B. Acceptable Use Policy
You may use the Service only in compliance with this Agreement, applicable Law, and the Acceptable Use Policy available at www.ringcentral.com/legal/acceptable-use-policy.html, which is incorporated into and forms part of this Agreement. Among other things, the Acceptable Use Policy prohibits you from (1) using or permitting the use of the Service to interfere with the use of any RingCentral service by others, or with the operation of RingCentral’s network(s), (2) reselling, or charging anyone else to access, the Service, and (3) committing fraudulent or illegal activity. We may update the Acceptable Use Policy from time to time by publishing the terms to www.ringcentral.com/legal/acceptable-use-policy.html.
 
We reserve the right, but are not obligated, to investigate any use that we reasonably suspect to be in violation of the Acceptable Use Policy. We may also monitor the Service for violations of this Acceptable Use Policy. By using the Service, you consent to such monitoring.
 
C. Access by Third Parties
You are prohibited from providing anyone else with access to your log-in credentials for the Service, and you assume all responsibility for keeping your log-in credentials secure from unauthorized access. In addition to any other legal rights RingCentral may have, you are directly responsible to RingCentral for any use of your account by someone else.
 
D. Content Storage
You may have the option to store Content in RingCentral systems in connection with your use of the Service. RingCentral expressly disclaims any and all responsibility to provide You with ongoing access to any such Content. RingCentral expressly disclaims any and all responsibility for maintaining the integrity of such content and for Your ability to have continued access to any Content. You are solely responsible for separately maintaining personal copies of all of your Content.
 
E. Termination of Use
RingCentral reserves the right to terminate Your access to the Service at its sole discretion, at any time, without notice, for any reason that is allowed under applicable law.
 
3. Fees
As of the date identified at the top of this page, RingCentral offers the Service at no charge. At any time and in its sole discretion, RingCentral may require payment for use of the Service in whole or in part. If you choose not to pay such fees, You may lose access to the Service or parts of the Service. The paid version of the Service may be subject to additional or different terms.
 
 
4. Modification
You consent to RingCentral modifying this Agreement at any time upon providing You with reasonable Notice. Your continued use of the Service after receiving such Notice constitutes your agreement to the modified Agreement.
 
5. NO WARRANTY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND RINGCENTRAL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. TO THE EXTENT THAT RINGCENTRAL CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
 
6. Intellectual Property
A. Limited License
We grant to You a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use any software provided or made available by Us to You as part of the Service (“Software”) to the extent reasonably required to use the Service as permitted by this Agreement, only for the duration that You are entitled to use the Service. The foregoing license is subject to, and conditioned upon, Your compliance with the terms of this Agreement. RingCentral may revoke this license at any time, without any notice to you.
 
You may not:
    a) Sublicense, resell, distribute or assign Your right under the license granted under this Agreement to any other person or entity;
    b) modify, adapt or create derivative works of the Software or any associated documentation;
    c) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software;
    d) use the Software for infringement analysis, benchmarking, or for any purpose other than as necessary to use the Service You are     authorized to use;
    e) create any competing Software or Service; or
    f) remove any copyright or other proprietary or confidential notices on any Software or Service.
 
B. Our IP Rights
Except as expressly provided in this Agreement, the limited license granted to You under Section 6 (Limited License) does not convey any ownership or other rights or licenses, express or implied, in the Service, any related materials, or in any Intellectual Property and no IP Rights or other rights or licenses are granted, transferred, or assigned to You  or any other party by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved and retained by RingCentral and its licensors. The Software and Service may comprise or incorporate services, software, technology or products developed or provided by third parties, including open source software or code. You acknowledge that misuse of the Service may violate third-party IP Rights.
 
C. Your IP Rights—Content License
To the extent reasonably required to provide You the Service, You grant Us a limited, personal, non-exclusive, royalty-free license to use Your IP Rights in Your Content. You are solely responsible for ensuring You have any necessary third-party consent or authorizations to reproduce, transmit, copy, or receive any Content protected by third party IP Rights.
 
D. RingCentral’s Marks
You may not use or display RingCentral trademarks, service marks or logos in any manner. 
 
7. Data Privacy
A. Our Privacy Practices
RingCentral respects Your privacy and will only use the information provided by You to RingCentral or collected in the provision of the Service in accordance with the Privacy Notice which is hereby incorporated by reference. RingCentral may update the Privacy Notice from time to time.
 
B. Integrations
Note that when you integrate the Service into a third-party application, neither this Agreement nor RingCentral’s Privacy Notice applies to the third-party’s collection, use, or disclosure of your personal information. Please carefully review the application’s privacy notice before using such an integration.
 
8. Remedies Available in the Event of a Dispute
A. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RINGCENTRAL OR ITS AFFILIATES BE LIABLE FOR (1) INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, REPUTATIONAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND; (2) COSTS OF PROCUREMENT, COVER, OR SUBSTITUTE GOODS OR SERVICES; (3) LOSS OF USE, LOSS OR CORRUPTION OF DATA; OR (4) LOSS OF BUSINESS OPPORTUNITIES, PROFITS, GOODWILL, OR SAVINGS, WHETHER IN ANY OF THE FOREGOING, ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF RINGCENTRAL HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. RINGCENTRAL WILL NOT BE LIABLE FOR ACTIONS REASONABLY TAKEN TO COMPLY WITH LAW.
 
To the fullest extent permitted by law, RingCentral’s total liability to you in connection with all disputes arising from this agreement shall not exceed the greater of twice the amount you have paid to RingCentral for access to and use of the Service or $10, whichever is greater.
 
B. Indemnification
You agree to indemnify and hold harmless RingCentral against all costs and legal fees incurred by RingCentral in defending, settling, paying damages for, or taking action to remediate (pursuant to an injunction or otherwise) any claim arising out of or in connection with i) a violation of applicable Law by You in connection with the use of the Service; ii) Your use of the Service in a manner not authorized by this Agreement, or iii) all claims relating to Your Content.
 
C. Injunctive Relief
You acknowledge that any misuse of the Services may cause RingCentral irreparable harm for which monetary damages will be inadequate and RingCentral may, in addition to other remedies available at Law or in equity, obtain injunctive relief without the necessity of posting a bond or other security, proof of damages, or similar requirement, in additional to any other relief to which RingCentral may be entitled under applicable Law.
 
9. DISPUTE RESOLUTION
A. Consent to Binding Arbitration and Exclusive Jurisdiction of Small Claims Court
YOU AND RINGCENTRAL BOTH AGREE TO RESOLVE DISPUTES ONLY BY BINDING ARBITRATION OR BY FILING A CLAIM IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY ENTERING THIS AGREEMENT, YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN ANY OTHER COURT.
 
WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. HOWEVER, THERE IS NO RIGHT FOR A CASE TO BE DECIDED BY A JURY IN ARBITRATION.
 
SMALL CLAIMS COURTS DO NOT TYPICALLY ALLOW FOR JURY TRIALS, LIMIT THE REMEDIES YOU HAVE ACCESS TO, AND APPLY DIFFERENT PROCEDURES THAN OTHER TYPES OF COURT.
 
B. Arbitrability of disputes
THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT, OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US, OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES, OR FROM OUR EFFORTS TO COLLECT AMOUNTS YOU MAY OWE US FOR SUCH PRODUCTS OR SERVICES, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS AND ANY DISPUTES ABOUT WHETHER A PARTICULAR CLAIM MUST BE HEARD BY AN ARBITRATOR, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.
 
C. Applicable Rules
Unless you and RingCentral agree otherwise, the arbitration or small claims court proceeding will take place in the county of your registration address.   If a dispute proceeds in arbitration, the AAA’s Consumer Arbitration Rules will apply.  You can get procedures, rules and fee information from the AAA (www.adr.org) or by contacting us.  For claims of $10,000 or less filed by You, You can choose whether you’d like the arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person or by phone.
 
D. Class Waiver
THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS OR SUITS EVEN IF THE AAA, OR SMALL CLAIMS COURT PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AN ARBITRATOR OR SMALL CLAIMS COURT MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR SMALL CLAIMS COURT PROCEEDING HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A U.S. DISTRICT COURT.
 
IF FOR SOME REASON THIS CLASS WAIVER CANNOT BE ENFORCED AS TO ALL OR PART OF A DISPUTE AND A CLASS IS PERMITTED TO PROCEED, ANY SUCH CLASS ACTION MAY NOT BE BROUGHT IN ARBITRATION AND MAY ONLY BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN SAN MATEO COUNTY, CALIFORNIA.
 
E. Notice of Intent to Arbitrate
If either You or We intend to seek arbitration, the Party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. The notice must describe the nature of the claim and the relieve being sought.  If we are unable to resolve our disputed within 30 days, either party may then proceed to file a claim for arbitration.  RingCentral will reimburse any filing fees that the AAA charges you for the arbitration of the dispute.  If you provide us with signed written notice that you cannot pay the filing fee, RingCentral will pay the fee directly.  If the arbitration proceeds, we will also pay any administrative and arbitrator fees associated with the arbitration, unless the arbitrator determines that your claim was filed in bad faith.
 
NOTICE TO RINGCENTRAL SHOULD BE SENT TO:
RINGCENTRAL LEGAL, 20 DAVIS DR., BELMONT, CA 94002
 
F. Inadmissibility of Arbitration Award
An arbitration award and any judgment confirming it apply only to that specific case.  You understand and agree that it can’t be used in any other case except to enforce the award itself.
 
G. Jury Waiver
IF FOR ANY REASON A CLAIM PROCEEDS IN A COURT RATHER THAN THROUGH ARBITRATION, YOU AND RINGCENTRAL AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND RINGCENTRAL UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY.
 
10. Termination
This Agreement will remain in effect until You close your Service account(s) or RingCentral terminates your Service account(s).  terminated by You or RingCentral. 
 
11. Miscellaneous
A. Notices
RingCentral may send You account related notices or communications about your Services using the email address You provide within the Portal.
 
B. Headings, Interpretation
The headings, section titles, and captions used in the Agreement are for convenience of reference only and will have no legal effect. All defined terms include related grammatical forms, and, whenever the context may require, the singular form of nouns and pronouns include the plural, and vice versa.
 
C. Governing Law
The laws of Delaware govern these terms of service, as well as any disputes, whether in court or arbitration, between RingCentral and You.
 
D. Export Control
Any services, products, software, and technical information (including, but not limited to, services and training) provided pursuant to the Agreement may be subject to U.S. export Laws and regulations. You may not use, distribute, transfer, or transmit the services, products, software, or technical information (even if incorporated into other products) except in compliance with U.S. and other applicable export regulations.
 
E. Entire Agreement
This Agreement makes up the entire agreement between RingCentral and You and supersedes any prior agreement regarding the Services.
 
F. Severability and Waiver
In the event any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision(s) will be stricken and the remainder of this Agreement will remain legal, valid and binding. The failure by either Party to exercise or enforce any right conferred by this Agreement will not be deemed to be a waiver of any such right or to operate so as to bar the exercise or enforcement of any such or other right on any later occasion. Except as otherwise expressly stated in this Agreement, all rights and remedies stated in the Agreement are cumulative and in addition to any other rights and remedies available under the Agreement, at Law, or in equity.
 
G. Eligibility and Execution
You represent and warrant that You possess the capacity to enter into the Agreement. You specifically affirm that you are at least 16 years old and understand these terms prior to accepting them. We may terminate Your access without notice if We believe You to be younger than the age of 16.
 
H. Survival
The rights and obligations of either Party that by their nature would continue beyond the expiration or termination of this Agreement will survive expiration or termination of this Agreement, including without limitation payment obligations, warranty disclaimers, indemnities, limitations of liability, definitions and miscellaneous.
 
I. Assignment
RingCentral may assign, without notice to You, any of our rights or obligations under these terms or our Privacy Notice to any of our Affiliates, successor entities or new owners.
 
12.  Definitions
“Account” means the numbered account established with RingCentral and associated with You and the Services provided to You under this Agreement.
“Administrative Portal” means the online administrative portal through which You control settings and/or make additional purchases for the Account.
“Affiliate(s)” means a person or entity that is controlled by RingCentral, controls RingCentral, or is under common control with RingCentral, and “control” means beneficial ownership of greater than fifty percent (50%) of an entity’s then-outstanding voting securities or ownership interests.
“Agreement” means these RingCentral Video Free Terms of Service.
“Content” means the content of shared files, conferences or other communications that You make available using the Service, such as chat messages, transmitted or stored through the Services.
“Intellectual Property Rights” or “IP Rights” means all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with: (a) patents and patent applications, inventions, industrial designs, discoveries, business methods, and processes; (b) copyrights and copyright registrations, and “moral” rights; (c) the protection of trade and industrial secrets and Confidential Information; (d) other proprietary rights relating to intangible property; (e) business names, trademarks, trade names and service marks; (f) a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (g) analogous rights to those set forth above; and (h) divisions, continuations, continuations-in-part, renewals, reissuances and extensions of the foregoing (as applicable).
“Law” means any law, statute, regulation, rule, ordinance, administrative guidance, treaty or convention, or court or administrative order or ruling of any governing Federal, State, local or non-U.S. governmental body with jurisdiction over the Services.
“Party” or “Parties” means You or RingCentral, individually or collectively.
“RingCentral,” “We,” “Ours,” and “Us” mean RingCentral, Inc., a Delaware corporation with its primary office at 20 Davis Drive, Belmont, CA 94002.
“Service” means the RingCentral Video Free offering, which is a cloud-based unified communications service that includes chat, video, mobile and desktop apps, and web clients.
“You” refers to an individual who uses or accesses the Service.
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