FrontlineSync Terms of Service

LAST MODIFIED: May 23, 2018

FRONTLINESYNC

Terms of Service are an opportunity for us to tell you what FrontlineSync is designed for, how we’d like you to use it (and not use it), and define the relationship between you (as a user) and us (the Frontline Team – known by the State of Delaware as “Occam Technologies, Inc.”).

These Terms of Service (the “Terms”) govern your access to and use of Occam Technologies, Inc. (“Occam,” “we,” or “our”) websites, the FrontlineSync application, application programming interfaces, and services (the “Services”), so please carefully read them before using the Services.

We may change material elements of the Services, Terms of Service, and Privacy Policy at our sole discretion. If you’d like to be informed of those changes, let us know with an e-mail to info@frontlinesms.com. We take your data rights seriously, and will ensure your access to your data under existing terms for a reasonable period, as a part of any material change to its treatment.

ACCEPTANCE OF TERMS

This is a valid contract, you are a valid person or representative of an organization, and you agree to be bound by the Terms of Service.

By using our Services, you acknowledge that you have read, understood, and agree to the Terms. If, at any time you do not agree to these Terms – or any future amendment to these terms – immediately stop using the Services.

If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and certify (promise) that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization and any of its members, directors, and officers.

The Services are not intended for use by you if you are under 13 years of age or unable to give legal consent, for any reason. By agreeing to these Terms, you are representing to us that you are over 13 and able to give legally valid consent.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our sole discretion.

DESCRIPTION OF SERVICE

The Service means everything we build, publish, or provide, and nothing we don’t.

The Service – and this Terms of Service – refer to the websites, applications, software, application programming interfaces, data structures, images, reports, data, documentation, forums, and other content made available by or on behalf of Occam Technologies. We are a data processor in most circumstances, and a data controller in matters relating to providing the Service.

FrontlineSync is a mobile application built for Android, and designed to serve as a connection between mobile network traffic, the Internet, and Frontline applications. FrontlineSync is a gateway application, designed to be used subject to the terms of service of the device manufacturer, the Android operating system, any commercial service agreements with applicable mobile network operators, and subject to domestic law.

FrontlineSync acts as an Application Programming Interface between the mobile network and FrontlineCloud, and is not designed to be connected to – or used in conjunction with – any additional services. We may make, in our sole discretion, the FrontlineSync Application Programming Interface(s) and related documentation, data, code, and any other related materials available through the Service (collectively, “the API”). You use the API at your own risk, and use of the API is governed by this Terms of Service and Occam Technology’s Privacy Policy.

The Service does not include your data (as defined below) or any third-party software, service, or website that you use in connection with the Service, whether or not they are designed as “official integrations.” We reserve the right to modify or discontinue the Service or any feature or functionality thereof at any time with reasonable notice to you. All rights, title, and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Occam.

YOUR DATA AND YOUR RESPONSIBILITIES

You own and are responsible for all the data that you, or your users, upload, post, transmit, or otherwise create via the Service. You are the data controller for all aspects of your use of the platform, we are a processor. We don’t look at your data without your consent, or as necessary to provide the service. We don’t sell your data.

By using our Service, you and your users provide us with information that you submit to Occam (together, “your data”). “Your data” includes passwords, messages, call history, text message logs, metadata, phone numbers, unique identifiers, notes, tags, API calls, files, data, reports, or anything else uploaded or added to your account. You retain full ownership of your data. We don’t claim ownership of or accept responsibility for any data created by or moving through your use of the Service. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services, as explained below.

You are solely responsible for your conduct and all communications with others undertaken by your account using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. Similarly, laws about data protection, user opt-in, and message autogeneration vary substantially from jurisdiction to jurisdiction – you assume sole responsibility to ensure that your messaging behavior is compliant with any all applicable law under any valid theory of jurisdiction.

Messages and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Occam, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You acknowledge that Occam has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of text messages, user profiles, or any other information you may be able to access using the Services.

You, and not Occam, are responsible for maintaining and protecting your data. Occam will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data. If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

We may need your permission to do things you ask us to do with your data, for example, hosting your text messages, or investigate a user support request. This includes product features visible to you, for example, message logs. It also includes design choices we make to technically administer our Services, for example, how we store data to keep it safe. You give us the limited permissions we need to do those things solely to provide the Services.

This permission also extends to trusted third parties we work with to provide the Services, for example the Google Play Store, which hosts the Service and facilitates downloading the application (again, only to provide the Services). We provide a comprehensive list of the third-party services used to provide the Service here.

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement, unless absolutely required by law or directed by you. How we collect and use your information generally is also explained in our Privacy Policy.

We don’t share your data, but we make it easier for you to. Please do so responsibly.

The Services provide features that allow you to share your data with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). You take full responsibility for the content, structure, format, timing, volume, and all other aspects of Your Data that you share. Please consider carefully what you choose to share or make public. Occam has no responsibility for that activity, within or outside of the Service.

ACCEPTABLE USE

You may use the Service for just about any lawful purpose, unless it’s deemed to cause harm to you, someone else, Occam, or the Service. The law is getting more complicated and we’re here to help – but it’s your data and your responsibility. We get to make the decision about what constitutes violations or harm.

You may access and use the Service for lawful, authorized purposes and you shall not misuse the Service in any manner (including, but not limited to the list below). We reserve the right to make any and all necessary determinations of misuse in our sole discretion. Misuse explicitly includes, but is not limited to:

Upload, post, transmit, or otherwise make available any of Your data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
use the Service to harm any person or minor in any way;
violate data protection law or the data rights of your end users;
impersonate any person or entity, including, but not limited to, an Occam employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
manipulate identifiers in order to disguise the origin of any of Your data;
upload, post, transmit, or otherwise make available any of Your data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, health status, legal proceedings, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, transmit or otherwise make available any of Your data in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
use the Service to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation – as determined by applicable law, regulation, norms, contracts or terms of service agreements;
use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
modify, adapt, or hack the Service, including by using any non-public Occam APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Service, including, but not limited to, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
use the Service to "stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.

You shall promptly notify Occam if you learn of a security breach related to the Service. We reserve the right to review Your data where we deem appropriate to investigate a violation of any of the foregoing, respond to any claims of third party rights violations, protect the rights of Occam, or any other form of misuse identified by Occam.

You must evaluate, and bear all risks associated with, the use of Your data, including any reliance on the accuracy, completeness, or usefulness of Your data.

SECURITY

We will protect the service, you protect your password and phone.

We are responsible for the security of the Services. You are responsible for the security of the information and devices you use to access the Services. Mobile operating systems, devices, and network operators all vary significantly in security protocols – and they are not included as part of the Service. We are not responsible for the security of data prior to receipt by the Service, but guarantee the security of data once inside of the Service.

You agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Occam of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Occam, it is your responsibility to use a secure encrypted connection to communicate with the Services.

PAYMENT

The Service is offered for free.

The Service is made available for free, within the limitations articulated in device, operating system, network operator, domestic regulation, and any other applicable law. No payment for or use of the Service shall supersede the valid limitations or requirements beyond the Service.

SOFTWARE AND UPDATES

Some use of our Service requires you to download a client software package (“Software”). Occam hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.

OCCAM PROPERTY AND FEEDBACK

These terms do not grant you any right, title, or interest in the Service, Software, or the content that we create in the Services.

While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The technology we use to provide the Services is protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Occam, FrontlineSMS, FrontlineSync, or FrontlineCloud trademarks, logos, domain names, or other brand features.

OTHER CONTENT AND SERVICES

The mobile ecosystem involves a lot of actors – we can guarantee our part of the stack, but not the whole stack. You’re responsible for the stack you choose.

The Services may contain links to third-party websites or resources. Occam does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

The Services, in some configurations, rely on third party Services for messaging, API exchanges, or any number of other functions. We cannot guarantee or take responsibility for the function, security, format, compatibility, privacy, or cost implications involved in any third party service, whether or not they are “official integrations.” Short Message Service, in particular, is an implicitly unencrypted form of plaintext communication, delivered through a wide variety of regulatory, jurisdictional, technological, legal, and financial structures. Occam cannot and does not take responsibility for any third party system or functionality.

TERMINATION

We reserve the right to end your account, and may do if you don’t use the Service.

Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

We also reserve the right to delete inactive accounts. If you have not logged into, triggered an action in, connected through, or discernibly used the Service within the last 12 months, we will notify you. If we do not hear from you, and/or you do not user your account in the following 6 months, we will delete all of your account and all related data. If, for any reason, you have concerns or special needs related to our retention or deletion of your data, please reach out via support@frontlinesms.com.

FRONTLINESYNC IS AVAILABLE “AS-IS”

FrontlineSync is free and, like all of us, imperfect. We constantly strive to make it perfect, but cannot guarantee it will ever get there, so use it at your own risk.

Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it’s just that these disclaimers are really important, so we want to highlight them). Occam will have no responsibility for any harm to your computer system, mobile device, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OCCAM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OCCAM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO OCCAM FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

MODIFICATIONS

We’ll give you notice and the opportunity to download any unique data created by the service, in the event that we modify the terms.

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services. We will notify this list as soon as possible in advance of changes, but are able to make no warranties or guarantees regarding the timing of notice, the degree of change to the policies, or implications of said changes.

MISCELLANEOUS LEGAL TERMS

This is the one and only Terms of Service for FrontlineSync.

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY DELAWARE LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF DELAWARE, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

These Terms constitute the entire and exclusive agreement between you and Occam with respect to the Services, unless you are also using FrontlineCloud, in which case those Terms also apply and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Occam’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Occam may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Occam and you are not legal partners or agents; instead, our relationship is that of independent contractors.