Voicemail Drops: Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement between you, on behalf of yourself and any entity you represent (collectively, “you,” “your,” or “yourself”), and Buzz (“Buzz,” “we,” “our,” or “us”). The Terms govern your access to and use of our website (the “Site”), as well as our services, software, applications, technology, and the technical and communications platforms made available on or through the Site or our mobile application (collectively, the “Platform”).

By accessing or using the Site, or otherwise accessing, registering for, or using the Platform, you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not access or use the Site or Platform. Without these Terms, we would not make the Site or the Platform available to you.

Arbitration & Class Waiver Notice: Except for certain types of disputes described in the arbitration clause below, you agree that disputes between you and us will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

No Emergency Calling: Do not use the Platform or any services, including any telephone numbers to which you have access through the Platform, to call emergency services. You must make alternative communications arrangements to make emergency calls. You acknowledge and agree that the services are not a substitute for a traditional telephone and that you will not use the platform or services to make emergency calls using 911 or through other telephone numbers. You further agree that you will advise any users of the services that the services do not provide emergency calling functionality.

1. Platform and Services.

Compliant Use of the Platform.

(a) The services offered through the Platform are subject to a number of local, state, federal, and foreign laws, regulations, rules, ordinances, directives and orders or various governments and agencies, all as may be amended from time to time (“Laws”). WE DO NOT PROVIDE LEGAL ADVICE AND WE MAKE NO REPRESENTATIONS ABOUT THE PLATFORM OR ITS ABILITY TO COMPLY WITH THESE LAWS. YOUR USE OF THE PLATFORM DOES NOT ENSURE YOUR COMPLIANCE WITH THESE LAWS. Buzz is not a replacement for your legal review and obligations, nor is it to be considered or construed as Buzz providing any form of assurance, clearance, or confirmation that your message, recording, or use of the Platform is compliant with applicable Laws.

(b) You must confirm that any recipient of a message sent through the Platform does not appear on any applicable Do Not Call Registry(s) prior to sending such message to such recipient. You agree to check periodically that owners of the phone numbers to which you add to the Platform or to whom you transmit messages, call, or otherwise contact via the Platform do not appear on any applicable Do Not Call Registry(s). In the event that a customer or owner of a phone number requests that you no longer solicit or call them, then you must immediately remove them from the Platform and no longer contact such customers via the Platform.

(c) The services offered through the Platform allow you to purchase phone numbers with area codes and number prefixed located geographically anywhere. However, when a phone owner, customer, or individual answering your transmitted calls or message inquiries about the physical location from where such call or message was made, you agree to respond accurately and truthfully. You will not misrepresent or mislead such customers as to the location or area codes from where such calls or messages were originally transmitted or made.

(d) IT IS YOUR RESPONSIBILITY ALONE TO ACCESS AND USE OUR SITE AND PLATFORM AND THE SERVICES AVAILABLE IN ACCORDANCE WITH APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, PALLONE-THUNE TELEPHONE ROBOCALL ABUSE CRIMINAL ENFORCEMENT AND DETERRENCE ACT (TRACED ACT), THE TELEMARKETING SALES RULE (TSR), THE TELEPHONE CONSUMER PROTECTION ACT (TCPA) AND THE CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING (CAN-SPAM) ACT OF 2003. AS FEATURES AND FUNCTIONS OF THE PLATFORM, AND SERVICES AVAILABLE THROUGH THE PLATFORM CHANGE, YOU MUST EVALUATE WHETHER AND HOW YOU CAN USE SUCH FEATURES AND FUNCTIONS, INCLUDING ANY SETTINGS AND ACCOUNT PREFERENCES, TO ENSURE COMPLIANCE WITH LAWS. AS AN EXAMPLE, THE PLATFORM MAY ALLOW YOU TO CALL MULTIPLE LINES SUCH THAT YOU MUST ENSURE THAT YOU DO NOT ASSIGN LINES FROM THE SAME BUSINESS TO SIMULTANEOUS CALLS IN VIOLATION OF LAWS.

(e) WE MAKE NO REPRESENTATION ABOUT WHETHER THE PLATFORM IS OR MAY BE CONSIDERED AN “AUTOMATED DIALING SYSTEM” OR WHETHER USING THE PLATFORM IS OR MAY BE CONSIDERED INITIATING OR MAKING A CALL AS CONTEMPLATED BY THE TCPA OR SIMILAR LAWS. YOU SHOULD CONSULT YOUR LEGAL COUNSEL FOR SUCH A DETERMINATION. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL ACTS AND OMISSIONS TAKEN BY OR UNDER YOUR ACCOUNT AND ANY VIOLATIONS OF APPLICABLE LAWS THAT MAY OCCUR IN CONNECTION WITH YOUR ACCOUNT OR USE OF THE SITE OR PLATFORM BY YOU OR YOUR PERSONNEL. YOU REPRESENT AND WARRANT THAT YOU WILL COMPLY AT YOUR EXPENSE WITH ALL LAWS THAT APPLY TO YOU OR YOUR BUSINESS OR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, TRACED ACT, TSR, TCPA, AND CAN-SPAM.

(f) Buzz maintains a no-tolerance policy toward spam and your use of the Platform to send spam may result in termination of your account and access to the Platform. You acknowledge and agree that you have sole responsibility for obtaining any consents for all phone numbers that you upload and contact through the Platform and for complying with any terms and/or conditions that may govern the consent you received to contact these phone numbers. You must provide us with evidence of such consent at any time upon our request.

2. Modification of these Terms.

We may, at our sole discretion, change or modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Platform, or updating the “Last Updated” date above. Unless otherwise stated, updated Terms will be effective upon your next monthly renewal. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site or Platform. By continuing to access or use the Platform after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may cease use of the Platform or otherwise cancel your account or your subscription as set forth below.

3. Privacy.

Use of the Site and Platform is subject to our Privacy Policy, at https://buzz.ai/terms/privacy-policy/. If you do not want your data collected, used or shared in the manner contemplated by the Privacy Policy, you should not use the Site or Platform in any way.

4. Service Features.

1. Voicemail Delivery. Through your use of the Platform, we provide “straight to voicemail” messages, which are sometimes referred to as “ringless” voice messages. We make no representation or guarantee as to whether the target’s phone will ring, whether the target’s voicemail system will show a missed call notification, or whether the target’s voicemail system will actually deliver the message to the target. We have no control over whether telecommunications or voice mail providers filter or block your message or otherwise block ultimate delivery of your message or communication to the target contact. When you send messages through this service, we will designate individual messages as “sent” and will debit funds from your account if during transmission:

(a) we receive a "ringing" or "session progress" call status from the network carrier or

(b) the network carrier answers the call placed from the Platform.

We have no control over whether a target actually receives your voice message. As a result, you may be charged for messages that are not ultimately received by your target contact.

2. Network Discretion. Mobile telecommunication network operators retain the ability to suspend or revoke SMS campaigns on their networks in their sole discretion. Any such action by a mobile telecommunication network operator is outside our control and as a result, Buzz has no liability for such actions. In addition, mobile telecommunications network operators and carriers are the entities that ultimately set the speed with which text messages are sent. Even on an unlimited plan with Buzz, the mobile telecommunication network operator will dictate the speed with which your SMS campaign messages are sent such that the sending speed or your SMS messages via the Platform.

3. No Emergency Calling. If you purchase exclusive access to a telephone number from us you understand and agree that it is a voice-over-internet-protocol (VOIP) number, which does not offer traditional dial tone functionality. The Platform and services are not a replacement for traditional wireline services, nor are they a replacement for cellular services. YOU CANNOT MAKE EMERGENCY CALLS USING THE PLATFORM OR OUR SERVICES. IF YOU ATTEMPT TO MAKE A 911 CALL WHILE USING THE SERVICES FROM YOUR DESKTOP OR LAPTOP COMPUTER, YOU WILL RECEIVE AN ERROR MESSAGE STATING THAT THE CALL CANNOT BE COMPLETED. IF YOU ATTEMPT TO MAKE A 911 CALL USING THE OUR MOBILE APPLICATION ON YOUR MOBILE DEVICE, YOU WILL RECEIVE AN ERROR MESSAGE STATING THAT THE CALL CANNOT BE COMPLETED. Use of our services from a cellular phone does not interfere with your ability to place a 911 call from your mobile device as you would typically place such a call. It is only if you attempt to place an emergency call using the services through the actively running Platform that such a call will not complete. You agree to advise any users of the Platform that the Platform and its services do not provide emergency calling functionality. Accordingly, you must ensure that you and any other users of the Services have other communications services available to you or to them so that you and they are able to place emergency calls.

4. Pooled Numbers. The Platform has a pool of VOIP phone numbers that are shared between all customers when sending outgoing communications or other messages. We may modify, add or remove numbers from this pool in our discretion. If you elect to use one of the pooled numbers in using the Platform (as opposed to your own proprietary VOIP number), the Platform will attempt to select a number from the pool that is in close geographic proximity to the contact target. We cannot assure that there is or will be a number in the pool in the approximate geographic proximity of the contact target. In addition, we cannot assure that you that any number you have previously from the pool will remain available via the Platform for future use.

5. Use of Platform; Ownership Rights.

1. Rights to the Platform. The Platform and the Site, and all respective content (including without limitation all text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, applications, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content) are exclusively the property of Buzz, and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws.

2. Your Content.

(a) You are responsible for all third party contact information, messages, data, text, video, photos, audio and all other materials and information (including personal information of your users and contacts) that you upload to the Platform or is uploaded via your account (collectively, “Your Content”). As between you and us, you retain ownership of any proprietary or intellectual property rights that you hold in Your Content. You grant us a limited, non-exclusive, worldwide, sublicensable, royalty-free license, during the Subscription Term to reproduce, copy, display, transmit, share and otherwise use Your Content as necessary for our operation of Platform and provision of the services. You are solely responsible for maintaining backups and records of Your Content. We are not your system of record and have no liability or responsible for any loss or destruction of Your Content. You must maintain copies of all records required by Laws. You may download limited portions of Your Content at any time from the Platform. Upon your reasonable request, we can provide a download of Your Content to you in a form and format we reasonably select, subject to your payment of our then-current time and materials fees.

(b) Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are your service provider and, with the exception of Usage Data as set forth below, only use Your Content for the provision of services to you under these Terms. We do not “sell” Your Content as contemplated by the CCPA. Upon your written notice to us, we will reasonably cooperate with you as required by the CCPA to respond to a consumer’s request to exercise rights under the CCPA and will request the same of our subcontractors. If any consumer requests under the CCPA are received by us, we will forward such request to you and direct the consumer to contact you directly.

3. Usage Data. We collect various usage data and statistics regarding your use of the Platform and your account (“Usage Data”). We may use this Usage Data for any internal purpose, including marketing and advertising efforts, and may disclose this Usage Data provided any such disclosures are anonymized such that neither you nor any of your contacts are reasonably identifiable. Certain Usage Data pertaining to your account may be accessible via the Platform, but we otherwise have no obligation to provide you with copies of or access to any such Usage Data.

4. Prohibitive Uses. United States federal and state laws, regulations, and rules prohibit the dissemination and communication with respect to certain industries, services, content, and products. Therefore, Buzz prohibits any use of the Platform or dissemination of any content via the Platform in connection with any of the following:

(a) Activities that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, libelous, defamatory, scandalous, or abusive, or that violate any right of any third party, or are otherwise objectionable;

(b) Storage or transmission of infringing, libelous, or otherwise unlawful or tortuous material, or material in violation of third-party privacy rights;

(c) Pornography, sexual products, otherwise sexually explicit material, or escort services;

(d) Illegal drugs, illicit substances, drug contraband, or drug-related derivative products; including CBD, cannabis, or Hemp, as well as the industries associated with such items, which includes without limitation financing, marketing, manufacturing, or commercializing related products or services;

(e) Alcoholic beverages, especially any promotion of alcohol to persons under twenty-one (21) years of age;

(f) Pirated computer programs, viruses, worms, Trojan horses, or other malicious or harmful code;

(g) Instructions or materials for the assembly of bombs or other weapons;

(h) Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor);

(i) Material that displays any person under eighteen (18) years of age in an illicit or otherwise exploitative manner;

(j) On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under eighteen (18) years of age;

(k) Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including, but not limited to, online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, claims for unknown moneys or prizes, claims to recover lost money, and odds-making, sweepstakes, contests and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events);

(l) Fraudulent, spoofed, untruthful, false or misleading advertising or commercial messaging, including without limitation those that exploit any pandemic, epidemic, or national emergency, such as COVID-19-related calling campaigns or "robocalls";

(m) Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including, but not limited to, “get rich quick,” “build your wealth,” and “financial independence” offerings;

(n) Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

(o) Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence;

(p) Any product or service related to death (e.g., mortuaries and cemeteries);

(q) Any product or service that is unlawful where such product or service or promotion thereof is received;

(r) Images of authors, artists, photographers, or others without prior express written consent form the content owner or other content that violates or misappropriates the intellectual property or proprietary rights of any third party;

(s) Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier;

(t) Any actual or attempted phishing scheme, including without limitation those to gain access to personal information under false pretenses (such as IRS claims or refunds, money reclamation schemes, false debt collection attempts, or false litigation threats); or

(u) Any mention of medicare or any related representation

(v) Any debt relief, lost funds recovery, or related industries

(w) Any political attack messages such as activities that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, libelous, defamatory, scandalous, or abusive, or that violate any right of any third party, or are otherwise objectionable;

(x) Any mention, product, or service that describes or relies upon tax relief efforts, student loans, short term loans, or payday loans;

(y) Any product or service that mentions or advertises free prizes or gift cards;

(z) Any products or services that are related to or describe car warranties or car warranty renewals;

(aa) Any targeting efforts to low income individuals (e.g. promoting products or services related to foreclosures) or any practices or marketing efforts that are or may reasonably be deemed to be predatory; and

(bb) Any mention, product, or service that describes or relies upon tax relief efforts, student loans, short term loans, or payday loans;

(cc) Any other content, products, or services that Buzz finds reasonably objectionable.

5. Our Investigation and Cooperation Rights. We have no obligation to monitor Your Content or use of the Platform to ensure compliance with applicable Laws. However, we reserve the right in our sole and absolute discretion to monitor Your Content and your use of the Platform, including without limitation any and all messages created or sent at any time without prior notice to ensure that they conform to these Terms and the guidelines and policies pertaining to our Site and Platform. We also reserve the right, without any limitation, to investigate (and involve law enforcement authorities): (i) any suspected breaches of the Platform security or the information technology or other systems or networks used to provide the Platform and services, (ii) any suspected violations of these Terms, (iii) any information obtained by Buzz in connection with reviewing law enforcement databases, court orders or similar legal documents, or (iv) any matter requested by law enforcement authorities. We will cooperate with any law enforcement or regulatory investigations.

6. Audit. We may audit your use of the Platform and Your Content at any time, including without limitation your policies and procedures for compliance with Laws, records of all consents and opt-ins, consent and opt-in processes, and other aspects of your business related to your use of the Platform. You will provide us with all information, written documentation, and access to interview any personnel related to the foregoing upon our reasonable request at no cost to us.

6. Warranties.

1. Customer Warranties.

(a) You represent and warrant that the owners of the phone numbers to which you add to the Platform or to whom you transmit messages, call, or otherwise contact through the Platform (1) are not listed on any applicable Do Not Call Registry(s) and (2) have expressly consented or otherwise opted-in to the receipt of such messages as required by applicable Laws. You must maintain records and other proof of such consents and opt-ins from each contact for four years from the date of each message you send through the Platform and provide us with proof of such consents and opt-ins.

(b) You represent and covenant that you will not access or otherwise use any third- party list of phone numbers or otherwise engage in unsolicited messaging using the Platform in violation of applicable Laws. Additionally, you agree not to send messages to your contacts beyond the frequency represented in any disclosures or terms you have with such contacts.

(c) You warrant and covenant that any message through the Platform must represent truthfully your identity, the identity of your organization, your product or service, availability of goods or services, pricing, benefits, and any other offering aspects in your messaging.

(d) You represent, warrant, and covenant that any individuals requesting “Do-Not- Call” (“DNC”) status or otherwise requesting that you cease further communications with them will immediately be placed on your DNC list and you will not initiate any subsequent messages to any individuals after they make a DNC or other opt-out or stop request. Buzz has no responsibility to process or notify you of any DNC or opt-out requests even if such requests are conveyed to you from your contacts via the Platform or numbers made available to you via the Platform. It is solely your obligation to monitor your account to implement such DNC and opt-out requests.

(e) You represent, warrant and covenant that you will comply with all Laws as well as general industry best practices governing Your Content or promotion type and messages sent via the Platform.

7. Indemnity.

By agreeing to these Terms, you agree to indemnify and hold Buzz harmless from and against any and all damages, losses, costs, liabilities, fees, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, allegation, lawsuit, demand or investigation, and defend the Buzz from the foregoing, to the extent based upon or arising from: (i) Your Content; (ii) your use of the Platform or your activities in connection with the Platform or Site, including, without limitation, any communication or message sent by you through your use of the Platform; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any Laws, including without limitation, TRACED ACT, TSR, TCPA, or CAN-SPAM and any law enforcement or regulatory investigation regarding the same; (v) any alleged or actual infringement or misappropriation by you of any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) any other party’s access and/or use of the Platform with your account; (viii) any failure to obtain consents required by applicable law or regulations prior to sending communications or messages using the Platform or provide Buzz with evidence of such consents or any privacy violation; and (ix) any Federal Communications Commission or similar investigation, notice, or suspension to Buzz arising from your use of the Platform.