DATA COLLECTION, RETENTION AND SHARING
This GoDaddy SmartLine Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC (a GoDaddy Party, and together with its Affiliates, (together “GoDaddy Parties” or "GoDaddy"), and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of GoDaddy SmartLine and all optional features and related services (the “Services”). Call Catchers d/b/a FreedomVoice (another “GoDaddy Party”) will provide the Services under this Agreement, and reserves the right to change the GoDaddy Party providing Services hereunder in its sole discretion. For the purposes of this Agreement “Affiliate” means with respect to a party, any entity that directly or indirectly controls, is controlled by or is under common control with that party. Capitalized terms used but not herein shall have the meanings set forth in the Universal Terms of Service Agreement.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting this to our site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. We may occasionally notify you of changes or modifications to this Agreement by email. You shall keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
DESCRIPTION OF SERVICES
GoDaddy SmartLine is a virtual phone service, which allows you to separate your business and personal lines on the same device. This service allows you to choose a new phone number, customize a greeting to answer the calls, route all your business calls and send and receive text messages to a second phone number on your current device. The service also includes call forwarding, the ability to dial out of the mobile app using the device’s native dialer, send and receive text messages, voicemail and voicemail transcription services.
- NOTICE REGARDING TRANSFER OF DATA: USE OF THE SMARTLINE SERVICES REQUIRES THAT PERSONAL DATA BE PROCESSED BY GoDaddy IN THE UNITED STATES OF AMERICA, WHERE THE COMPUTING SYSTEMS AND INFRASTRUCTURE NECESSARY FOR YOU TO USE THE APP ARE LOCATED. FEATURES AND CAPABILITIES OF THE SERVICES WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, GoDaddy IN THE UNITED STATES OF AMERICA FOR THAT PURPOSE. GoDaddy PROCESSES SUCH PERSONAL INFORMATION IN COMPLIANCE WITH THE CONTRACTUAL REQUIREMENTS ESTABLISHED WITH YOU IN THIS DOCUMENT.
- Apps are Not for Children under 13. All SmartLine Apps, Services and related websites are not intended for children under the age of thirteen (13), so children under the age of thirteen (13) should not use them at any time. Account registration requires a minimum age of thirteen (13). If you are between the ages of thirteen (13) and seventeen (17), your legal guardian shall review and agree to these terms. GoDaddy does not knowingly collect any information from children under the age of thirteen (13). In the event that GoDaddy learns that it has inadvertently gathered personal information from children under the age of thirteen (13), GoDaddy will take reasonable measures to promptly delete such information.
- Account Registration. Use of the SmartLine App requires that you create an account (the "Account"). The Account applies to use of the SmartLine App and related Services. When setting up the Account you may be prompted: (i) to provide a phone number to receive a call or SMS from us so that we may authenticate your Account registration and you acknowledge and agree that we may place, and that your existing phone carrier may charge you for that incoming call or SMS; and (ii) for registration information, which may include your address, name, email address, account password, and a phone number. You hereby consent and to allow GoDaddy to: (i) import and store contacts from your device and from third party services through connections enabled by you through the SmartLine App, and (ii) identify you by the name and phone number provided during registration to third parties with whom you communicate using the SmartLine App. For GoDaddy Accounts, you agree that GoDaddy may contact you at the mobile phone number you provide during registration about your Account and/or about setting up an Account. Accounts are for your personal use and may not be sold, transferred or assigned by you to a third party. YOU ACKNOWLEDGE THAT IF YOU DO NOT CONSENT TO MAKE YOUR CONTACTS AVAILABLE TO THE APP, YOUR USE OF THE APP WILL BE LIMITED.
- Service Requirements. An underlying wireless phone service is required to use the calling features of the Services. You are solely responsible for procuring, maintaining, and paying for the underlying wireless phone service that will connect calls made with the Services to your phone. Using the Services requires using your own voice minutes. Fees, service charges, per message and per-minute usage and other charges may be assessed by your underlying wireless phone service provider for any calls received through the Services. GoDaddy is not responsible for your underlying phone service, for any calls made or messages sent across telecommunications networks which are not owned by GoDaddy, or for problems with your underlying wireless phone service, including but not limited to no service, poor reception, and dropped calls. When you use SmartLine to send messages, these messages will not be itemized on your wireless telephone invoice. Additionally, THE SERVICES CANNOT BE USED FOR 911 OR EMERGENCY CALLING. YOU MUST USE YOUR UNDERLYING PHONE SERVICE FOR 911 OR EMERGENCY CALLING.
A data plan or internet connection is required to use portions of the SmartLine App Service. You are solely responsible for any fees and costs associated with that data plan or internet connection. You acknowledge and agree that your cellular connection may be used for voice functionality of the Services and that you are solely responsible for cellular usage charges which you may incur from use of the Services. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreement(s) with your wireless carrier. You hereby authorize and grant to GoDaddy a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your account with the Services, to sublicense those rights to its third party providers only for so long as necessary to provide the Services to you, and to disclose the same as required or permitted under applicable law. GoDaddy may provide the Services to you directly or through its providers and/or agents, including but not limited to GoDaddy.
FEES & PAYMENTS
You agree to pay all applicable fees. Depending on how you obtained your Account, the applicable App Store or GoDaddy will charge your credit card fees for the type of account you've chosen, plus applicable taxes and fees. When you obtain an Account from GoDaddy, GoDaddy will collect billing information upon registration. YOU WILL BE CHARGED FEES PLUS APPLICABLE TAXES AND TELECOMMUNICATIONS FEES UNTIL YOUR ACCOUNT IS CANCELED, OR, IF PURCHASED THROUGH AN APP STORE, YOU CANCEL THE RECURRING SUBSCRIPTION THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP STORE. IF A FREE TRIAL IS OFFERED, YOU MUST CANCEL THAT SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL. For renewals, GoDaddy will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes and fees. GoDaddy reserves the right to charge value-added taxes, sales, State and Federal telecom fees or other taxes on Accounts. To the extent that payment mechanisms are provided through third parties, you agree that GoDaddy has no liability to you arising out of the acts or omissions of those third parties.
- GoDaddy Website Purchases:
- Free Trial Period
When you sign up for a free trial offer, you must provide a valid credit card on file. If you have elected to activate the Services as part of a free trial offer, any charges for the Service, any selected options, any usage in excess of the included minutes of your calling plan, and any usage in excess of the included text messages will not be billed until after the expiration of the free trial period. This free trial period begins the day the Services are activated and is subject to the duration offered. On the day following the expiration of the free trial period, you will be billed using the credit card on file for the term of the Services, any optional features selected, sent text charges in excess of included texts, and minute charges for calls during your free trial in excess of included plan minutes or originating-from / forwarded-to locations outside of the Service’s domestic calling area. If you wish to avoid being charged for the Services, you must cancel your subscription before the end of the free trial period.
- Ongoing Payments
You will be charged periodically for the Services (either monthly or annually depending on the plan you pick), any optional features chosen that have recurring fees, sent text charges in excess of included texts, and for minute usage (billed in 6-second increments and inclusive of calls made through the GoDaddy SmartLine mobile application) of the Service that either:
- Exceeds the number of monthly minutes included with the Services, at a rate determined by the calling plan associated with the Services; or
- Is not included in the domestic calling area covered by the Services, at an International per-minute rate determined by GoDaddy. The domestic calling area for all GoDaddy SmartLine calling plans is the Continental U.S., AK, HI, Canada and Puerto Rico, with the exception that calls originating from or forwarded to Canada each carry a one-minute minimum billing.
- Additional Charges; Price Changes
Calls from payphones are blocked by default from connecting to all numbers provided by GoDaddy SmartLine as these calls carry a $0.54 per-call surcharge as mandated by the FCC. If enabled, these surcharges are passed on to you at cost.
The quoted rates do not include taxes and fees. We will assess a separate charge on your bill for taxes and fees including state, local and federal taxes and fees. Purchase receipts are sent to you via email. Any price changes will be posted on the web portal account page for the Services, and your continued use of the Services following notice of the price changes will constitute your consent to such changes.
- Maintaining Account Balance
All charges will be automatically charged to the credit card on file. Fees are payable in advance of each month’s or years’ Services. Additional call charges and any other applicable charges are billed subsequent to the end of each month’s Services, except in the case that outstanding additional sent text charges and/or call charges exceed $20.00 within any given month, whereupon these sent texts and/or call charges will be invoiced on the next business day. It is your responsibility to maintain sufficient balance on the provided credit card account to allow for settlement of charges. Interruption or cancellation of the Services may be experienced in the event that the account balance is not maintained in the manner described above. Any disputes of the amounts invoiced or charged must be submitted in writing to GoDaddy within ninety (90) days of the date of the applicable charges and, if not so disputed, you waive any objection and further recourse with respect to such charges. In the event that the Services are terminated, regardless of the reason for termination, you agree that any unpaid account balance is due immediately and must be paid in full as a condition for reinstatement of the Services. If you establish or have already established one or more accounts for GoDaddy SmartLine Services that remain active, GoDaddy reserves the right to transfer any unpaid balance from your terminated account(s) to the your active GoDaddy account(s).
GoDaddy’s Refund Policy applies to the Services. Monthly plans must be cancelled within 48 hours of purchase and Annual Plans must be cancelled within 30 days of purchase in order to receive a refund.
- Termination due to non-payment
GoDaddy may terminate your Services if your fees are more than thirty (30) days past due.
- App Store Purchases:
- Free Trial Period
Downloading and registering the SmartLine App may include a Free Trial period prior to charging the payment method associated with your App Store account. If you wish to avoid being charged for the Services, you must cancel your subscription before the end of the Free Trial period.
- Ongoing Payments
You will be charged periodically for the Services (monthly or annually), any optional features chosen that have recurring fees, sent text charges in excess of included texts, and for minute usage (billed in 6-second increments and inclusive of calls made through the GoDaddy SmartLine mobile application) of the Service that either:
- Exceeds the number of monthly minutes included with the Services, at a rate determined by the calling plan associated with the Services; or
- Is not included in the domestic calling area covered by the Services, at an International per-minute rate determined by GoDaddy. The domestic calling area for all GoDaddy SmartLine calling plans is the Continental U.S., AK, HI.
- Additional Charges; Price Changes
Calls from payphones are blocked by default.
Receipts will be sent according to the applicable App Store policies. Any price changes will be posted in the App Store, and your continued use of the Services following notice of the price changes will constitute your consent to such changes.
- Maintaining Account Balance
All charges will be automatically billed via the App Store to your credit card on file. Services fees are payable in advance of Services term. It is your responsibility to maintain sufficient balance on the provided credit card account to allow for settlement of charges. Interruption of the Services may be experienced in the event that the account balance is not maintained in the manner described above.
Any disputes of the amounts invoiced or charged must be addressed with the applicable App Store.
PROVISIONS SPECIFIC TO GoDaddy SMARTLINE FEATURES
- Local Area Telephone Numbers: If you are using local area telephone number(s) as part of the Services, it is your responsibility to confirm whether the number(s) are in the local calling area of the callers you intend to reach with the Services (if desired). GoDaddy does not assume responsibility for any losses due to a number not being within the local area of callers to the Services.
- Voicemail Transcription Services: As part of the Services under this Agreement, you are able to have your voicemail transcribed to emails. All GoDaddy SmartLine plans include transcription services. GoDaddy reserves the right to add to, modify, or amend this service and feature at any time, with or without notice, in its sole discretion.
You also agree not to use the voicemail transcription service in any of the following ways:
- Shared Use. The voicemail transcription service is intended to be used solely by the subscribing GoDaddy SmartLine customer and not shared amongst multiple individuals or businesses without first receiving written permission from GoDaddy.
- Bulk Call-In Lines. Voicemail transcription service is not designed to be used for bulk support or sales call centers, voting hotlines, 900 numbers, sports or gambling hotlines, or any other bulk call scenario.
- Dictation. Voicemail transcription is not intended to be used as a dictation service.
- Excessive use. Although there is no limit to your use of the transcription service, GoDaddy reserves the right to suspend or terminate the Services with or without notice, as a result of Customer’s fraudulent, or otherwise abusive use of these Services.
- Usage Policy:
- Free Trial: During the Free Trial if GoDaddy determines that you have exceeded the included minutes or included sent texts, GoDaddy reserves the right to charge your credit card on file for every additional minute prior to the expiration of your Free Trial period at $0.03/minute or for every additional sent text at $0.01/text. Furthermore GoDaddy may suspend, cancel or terminate your account with or without notice in our sole discretion.
- SmartLine Local and Toll-Free Unlimited Plans Minutes Fair Usage Policy: GoDaddy SmartLine local and toll-free unlimited plans will have an unlimited number of minutes for your use every month. Although there is no limit to the number of minutes on your GoDaddy SmartLine local or toll-free unlimited plan, a threshold of two thousand (2,000) local calling plan minutes and ten thousand (10,000) toll-free plan minutes every month and five (5) concurrent calls will be considered normal use. In the event that you exceed this threshold, GoDaddy in its sole discretion, may assess an additional usage charge of 0.03 ¢/minute or the current overage rate for every minute in excess of the threshold. Where possible, GoDaddy will provide a notice of your usage in excess of the normal use.
- SmartLine Local and Toll-Free Unlimited Plans Text Message Fair Usage Policy: GoDaddy SmartLine local and toll-free unlimited plans will have an unlimited number of text messages for your use every month. Although there is no limit to the number of text messages on your GoDaddy SmartLine local or toll-free unlimited plan, a local unlimited plan has a threshold of two thousand (2,000) sent text messages and a toll-free unlimited plan has a threshold of ten thousand (10,000) sent text messages every month which will be considered normal use. In the event that you exceed this threshold, GoDaddy in its sole discretion, may assess an additional usage charge of 0.01 ¢/text message or the current overage rate for every text message in excess of the threshold. Where possible, GoDaddy will provide a notice of your usage in excess of the normal use.
- Mobile App Usage Policy: You are entitled to download the mobile app exclusively for your personal devices, not to exceed three (3) concurrent installations per GoDaddy SmartLine Services. This policy is intended to protect the low rates for the Services enjoyed by all GoDaddy customers. To avoid additional costs and rate increases, it becomes necessary for GoDaddy to actively prevent any fraudulent, or otherwise excessive use of the mobile app. In the event that GoDaddy finds that you have violated this policy GoDaddy reserves the right to suspend, cancel or terminate your account with or without notice in our sole discretion. Where possible, GoDaddy will provide you with notice of your violation of this policy prior to any suspension, cancelation or termination.
- Message Retention: SmartLine App includes, but is not limited to call records, voicemail, multi-media messages, and text messages ("Message Data"). After the Services are cancelled you will not be able to access Message Data. You consent to allow, and represent that you have the right to allow, GoDaddy to copy, cache, store, distribute and share Message Data as you designate through the SmartLine App. You agree and hereby grant GoDaddy the right to copy, cache and store Message Data, with that right to survive expiration or termination of this Agreement.
- Number Portability: For porting in of phone numbers, you will be required to provide specific information in order for GoDaddy to submit the porting request to your current carrier. For porting out phone numbers, you must contact the carrier to which porting is to be made. Porting out requires that the number is associated with a non-delinquent paid account, or that the number you are porting out is a number that you previously ported into the service. Furthermore, we must ensure that the information provided to us by the new carrier is a 100% match with the information associated with your SmartLine account before authorizing the release of the number. You acknowledge and agree that: (i) porting in or out may be subject to an additional fee as allowed by applicable law and that you shall pay such fees as required; (ii) porting is coordinated through GoDaddy 's underlying carrier, so actual porting is not conducted by GoDaddy. Porting of phone numbers is subject to involvement, cooperation and consent of third parties, including our underlying carriers and the carriers from whom or to whom porting is requested. As a result, the porting process may take considerable time and may not be feasible or allowed, or may be blocked or withheld by third parties and that GoDaddy shall not have any liability to you for any actions or failures to act by such parties. AS CONDITIONS FOR YOUR USE OF THE SMARTLINE APP AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (I) ANY PORTED OUT PHONE NUMBERS SHALL BE FOR YOUR PERSONAL AND/OR BUSINESS USE AND WILL NOT BE RESOLD FOR PROFIT; AND (II) GoDaddy SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR THE INABILITY TO EITHER PORT IN OR PORT OUT A PHONE NUMBER, FOR ANY DELAY OR ERRORS IN FULFILLING A PORTING REQUEST, FOR ANY PHONE NUMBER SUBSTITUTION, OR FOR ANY LOSS, COST OR EXPENSE ARISING OUT OF ANY OF THE ABOVE. IN THE EVENT THAT WE DETERMINE YOU ARE RESELLING, BROKERING OR WAREHOUSING NUMBERS OBTAINED THROUGH THE SERVICES WE MAY IMMEDIATELY TERMINATE YOUR GoDaddy ACCOUNTS UP TO AND INCLUDING ANY, OR ALL, SERVICES PURCHASED THROUGH US OR OUR AFFILIATES.
- Spam/Robocall Call Filter: As part of the Services under this Agreement, GoDaddy offers a spam/robocall identification and filter service. All GoDaddy SmartLine plans include this feature. GoDaddy reserves the right to modify or cancel this feature at any time, with or without notice, in its sole discretion. For each new call to you, GoDaddy will send an API request to its service provider asking the service provider to rate the phone number and determine if the phone number is in the service provider’s spam/robocaller database before routing the call to you. Calls that are rated as spam/robocalls will be routed according to your preferences. You will have the ability to manage your preferences in-app by choosing to let all calls including spam/robocalls through or direct spam/robocalls directly to voicemail. You also have the ability to block any individual phone number regardless of whether it is designated as spam/robocall. GoDaddy does not guarantee that all calls that are spam/robocalls will be detected, or that legitimate calls may be inadvertently rated as spam/robocalls. We assume no liability or responsibility for your failure to receive legitimate calls because of this feature.
You agree to indemnify, defend and hold harmless GoDaddy and its officers, directors, employees, agents, shareholders, and business partners from and against any and all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of your recording of employee or third party conversations, or any violation of federal or state laws governing monitoring or recording of telephone conversations and the requirement to obtain the prior consent of such persons. The provisions of this paragraph are for the benefit of GoDaddy and its officers, directors, employees, agents, shareholders, and business partners, and GoDaddy shall have the right to assert and enforce these provisions directly against you on behalf of GoDaddy or such related parties.
LAWFUL AND APPROPRIATE USE / DENIAL OF ACCESS
- You agree that you will not use the SmartLine App or Services in violation of applicable law (e.g. no texting while driving, TCPA Violations, etc.) or to: (i) create or transmit any content or communications using the SmartLine App or Services that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that may violate or infringe the rights or privacy of third parties, as determined by GoDaddy in its sole discretion; (ii) send spam or advertisements in violation of applicable law or without the advance consent of the recipient; (iii) engage in bulk messaging, robocalling, auto-dialing, ID spoofing, or similar deceptive practices (the conduct in this subsection referred to as "Spam Attacking"); (iv) Toll Fraud and/or Traffic Pumping.
- YOU AGREE THAT IF YOU ARE SPAM ATTACKING, SUCH CONDUCT WILL CAUSE SERIOUS DAMAGE TO GoDaddy AND, ON ACCOUNT OF THE GREAT DIFFICULTY OF ASCERTAINING THE AMOUNT OF SUCH DAMAGE, YOU AGREE TO PAY $500 PER CALL THAT CONSTITUTE SPAM ATTACKING (AS DEFINED ABOVE) AS LIQUIDATED DAMAGES AND YOU ACKNOWLEDGE AND AGREE THAT SUCH AMOUNTS ARE NOT A PENALTY AND CONSTITUTE A REASONABLE ESTIMATE OF THE LOSS THAT GoDaddy MAY SUFFER AS A RESULT OF SPAM ATTACKING. FURTHERMORE, YOU AGREE TO REIMBURSE GoDaddy FOR ALL CHARGES RELATED TO TOLL FRAUD OR TRAFFIC PUMPING.
- You hereby agree to indemnify and hold GoDaddy harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning your use in any manner of the Services provided herein. In the event that GoDaddy is brought into or required to respond to any action arising from or concerning your activities, you agree to indemnify and hold GoDaddy harmless from all arbitration, court and attorney's costs and fees. GoDaddy may immediately discontinue, disconnect, limit, or revoke the Services without notice or warning to you, if you, at the sole discretion and determination of GoDaddy, cause any type of activity or load which is incompatible with GoDaddy network, cause quality of service issues, or otherwise impair GoDaddy’s ability to maintain or provide service to other customers. In the case that the Services are suspected of being misused by you, including for fraudulent activity, GoDaddy reserves the right at its sole discretion to immediately terminate the Services and inform the public that the Services is believed to have been used for inappropriate business. In addition, GoDaddy reserves the right to terminate your Services, with or without cause and with or without specifying any reason for termination. GoDaddy shall not be liable for any direct or indirect damages resulting from a decision to terminate, discontinue, disconnect, limit, or revoke the Services with or without notice or warning or for informing the public about the possibility of inappropriate business.
Additionally, GoDaddy may deny your access to Services without incurring any liability if:
In the event your Services are disconnected by GoDaddy for any of the reasons stated above you shall be liable for all unpaid charges due and owing to GoDaddy associated with the Services.
- You have not paid the fees due for Services rendered hereunder, ten (10) days after you have received a notice of non-payment from us; or
- Your acts or omissions constitute a violation of, or a failure to comply with, any regulation governing the Services provided hereunder, but which violation or failure to comply does not constitute a material breach or does not pose any actual threatened interference with GoDaddy’s provision of Services or operations. GoDaddy will give you ten (10) days’ notice of such violation or failure to comply prior to the disconnection of service; or
- The implementation of any order of a court of competent jurisdiction, or federal or state regulatory authority of competent jurisdiction, prohibiting the GoDaddy from providing the Services; or
- Your failure to pay a previously owed bill on a different account.
- Fraudulent, otherwise abusive use of these Services or excessive use of the Services beyond normal business usage.
- Prior to Account creation, GoDaddy may collect through the SmartLine App device identifiers but no other personally identifiable information. Device information is used for providing support for our internal operations. During and after Account creation, GoDaddy collects data that you provide upon registration, including the name and phone number of contacts as stored on your device ("Contact Data"), and data about your use of the App, which includes both Personal Data and anonymous data. Personal Data is any information relating to an identified or identifiable person. Contact Data is used to enable communications features within the App. Contact Data is not used for any other purpose. You hereby (i) grant GoDaddy a perpetual licenses to store Personal Data and Contact Data and to use, copy and transmit Personal Data and Contact Data in conjunction with your use of the App; and (ii) consent to allow GoDaddy to transmit Personal Data and Contact Data upon registration, in response to legal process and/or to legal authorities upon request or as required under applicable law. While using the Services GoDaddy may collect Usage Data. Usage Data is data and information you provide while using GoDaddy’s SmartLine App or services, such as text messages, audio, voicemail audio, voicemail transcriptions, and photos you make available through the Apps or contacts you add or import.
- Customer Proprietary Network Information (“CPNI”). GoDaddy does not enable use, disclosure or permit access to CPNI for any marketing purposes to any persons, entities, parties outside of the company without the specific consent of the customer that owns the CPNI data. GoDaddy does not and will not utilize, disclose or permit access to CPNI data to identify or track customers that call competing service providers. If GoDaddy requires customer consent for utilizing, disclosing or permitting access to CPNI data, the Company will obtain consent through written, oral or electronic methods. Without such consent, GoDaddy only uses CPNI in lawful ways, such as for billing and collecting of service rendered, protecting the Company’s rights and property, or providing customer information required by a Public Safety Access Point.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS-IS”. GoDaddy MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, GoDaddy DOES NOT WARRANT THAT THE SERVICES WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. ANY CLAIM AGAINST GoDaddy MUST BE MADE WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICES, WHICHEVER IS EARLIER, AND GoDaddy SHALL HAVE NO LIABILITY THEREAFTER.
LIMITATION OF LIABILITY
The Services, although reliable, are not guaranteed. Liability for interruption of the Services and/or a lack of quality of the Services, including but not limited to errors and omissions relating to a directory listing and CNAM, shall be limited to a maximum of the sum of two months cost for the Services. GoDaddy reserves the right to interrupt the Services for maintenance and systems upgrades at its discretion. IN NO EVENT SHALL GoDaddy BE LIABLE FOR CLAIM OR LOSS, EXPENSE, OR DAMAGE (INCLUDING INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE) FOR ANY INTERRUPTION, DELAY, ERROR, OMISSION, OR DEFECT IN ANY SERVICES, FACILITY (INCLUDING SERVICES AND FACILITIES INVOLVED IN EMERGENCY CALLING ACTIVITY), OR TRANSMISSION PROVIDED UNDER THIS AGREEMENT, IF CAUSED BY (A) ANY PERSON OR ENTITY OTHER THAN GoDaddy; (B) BY ANY MALFUNCTION OF ANY SERVICES OR FACILITY PROVIDED BY ANY OTHER CARRIER; (C) BY AN ACT OF GOD, FIRE, WAR, CIVIL DISTURBANCE, OR ACT OF GOVERNMENT; OR (D) BY ANY OTHER CAUSE BEYOND GoDaddy’S DIRECT CONTROL.
In no event shall GoDaddy be liable to you, your employees, or any third party participating in calls with you or the your employees for any direct damages or any incidental, consequential, special, or indirect damages, including but not limited to employee or third party claims, liability or damages, arising out of your use of GoDaddy SmartLine to monitor or record outbound or inbound calls involving your employees, clients, or any third party, regardless of whether your representatives have advised such third parties of the possibility of monitoring or recording such phone conversations, and particularly when any employee or third party claim is attributable to your error or omission in failing to advise of the potential or actual recording or monitoring of any conversations.
For Services purchased through GoDaddy, you may cancel your Services at any time through MYA. For subscriptions purchased through an App Store, you must cancel in accordance with the applicable App Store Terms. See: Apple Cancellation Help and Google Cancellation Help.
To the extent that any Services provided hereunder are subject to the jurisdiction of the Federal Communications Commission (“FCC”) or any state public utilities commission or other regulatory agency, these terms and conditions shall at all times be subject to changes, modifications, orders and rulings by the FCC and/or state public utilities commission or other regulatory agency. GoDaddy reserves the right to suspend, modify or terminate any Services without liability where any statute, regulation and/or ruling, including modifications thereto, by any regulatory agency (including the FCC), legislative body or court of competent jurisdiction, (i) prohibits, restricts or otherwise prevents GoDaddy from furnishing such Services, or (ii) has a material negative impact on GoDaddy’s performance hereunder.