TERMS OF SERVICE
These Terms of Service ("Terms of Service" or "TOS") constitute the agreement between TrueCNAM Inc. ("TrueCNAM", “we”, “us”, “our”) and the user ("you", “your”, "user", or "customer") of TrueCNAM’s services and any related products or services offered by us (“the service”). By opening an account on the TrueCNAM website, subscribing to or using the service, you agree to these Terms of Service.
Revisions to the Terms of Service
The TrueCNAM service (“the service”) is offered through multiple service plans which may include:
Our “Free” service plan, offered at no cost.
Paid service plans, such as our “Basic”, “Pro”, “Business”, and other plans that may be offered from time to time.
The services offered under section 2.1.1 and 2.1.2 may include:
Customer may query the TrueCNAM database for Caller ID Name (“CNAM”) information for a specific telephone number, through an Application Programming Interface (API), or the TrueCNAM website.
A customer may retrieve our TrueCLID information, (which helps verify the Caller ID Number information presented to the called party is accurate and correct); and/or our TrueSPAM score (which provides indication of the “spaminess” of a phone number) when querying the TrueCNAM database for CNAM information.
A customer may store a telephone number in the TrueCNAM database with corresponding CNAM information for any phone number they own, use, or control, once we have verified (“number verification”) the number belongs, or is in use by them.
A customer may store TrueCLID information to the TrueCNAM database for a telephone call they place, if the originating number is one they have previously verified with TrueCNAM. This information helps verify the Caller ID Number information presented to the called party is accurate and correct.
We may limit your ability to retrieve information from, or store information to the TrueCNAM service and database based on the service plan you have chosen, or other factors. Some of these limits are listed here and may also include the following:
We may limit the number of query requests you can make to the service and the TrueCNAM database. This may include limits to the number of queries during a period of time, such as: per second, per minute, per hour, per day, or any other timeframe TrueCNAM may define at from time-to-time on our website.
We may limit your queries to protect against any degradation to the service caused by you, or that may impact other customers.
We may limit the total quantity of telephone numbers you may add, verify, or store on your account at any one time. We may also limit the total quantity of telephone numbers added to your account, the number of re-verifications performed on a telephone number, the number of different telephone numbers added or verified to your account, and the total number of additions and removals of telephone numbers on your account since its inception, during a subscription period, or during any other timeframe TrueCNAM may set at its sole discretion.
We may also limit your ability, or the ability of any or all customers to add, verify, or re-verify a specific telephone number, numbers in a specific country, or numbers in a specific country and dialing code, which may include area code(s), city code(s), region code(s), or other dialing code(s), or those belonging to a specific carrier at any time. The limits imposed in section 3.3.2 may be enforced depending on the service plan you choose, your account, or globally on the TrueCNAM service at our sole discretion, and are subject to change at any time.
Number of Accounts and Usernames
We may limit the number of unique accounts or usernames you may create, or the number of accounts or usernames you and others in your organization or household may create for the TrueCNAM service.
The services described and provided to you under section 2.2 are intended to be used by: Home, SOHO (small office/home office), small business, business and enterprise customers.
The TrueCNAM services provided under section 2.2 may not be:
Used by any business that is a telecommunications carrier, telecommunications service provider, telephone call center, involved in telemarketing of any kind, or any business performing similar services.
Re-sold or provided for free to any third party, whether the third party pays for the services, receives them for free, or receives them as part of a bundle of services.
If your business falls under section 4.2 please contact us for alternative services.
No caching of data
You may not cache, store, or use any data received from the TrueCNAM service or database in conjunction with any future telephone call, placed or received. This includes storing any CNAM, TrueCLID, or TrueSPAM information received (“the stored information”), and re-using the stored information for a new phone call placed or received.
You may use the stored information received from the TrueCNAM service and database only for the purpose of displaying it within a Call Detail Record (“CDR”), Call History record, or similar informational listing, but only for the specific call you retrieved and previously received that data for, and no subsequent call or calls.
Prohibited and Unlawful Use, Inappropriate Conduct
Lawful purposes only - You may use the service only for lawful, proper and appropriate purposes. You may not use the service in any way that is illegal, fraudulent, improper or inappropriate. This includes any use of the service that is: fraudulent, deceptive, abusive, threatening, harassing, defamatory, libelous, invasive of another’s privacy; violates any law, rule or regulation; violates any third party’s intellectual property or personal rights; or any similar behavior.
Impersonating others, or mis-representing yourself - You may not use the service to pass or store a telephone number, Caller Identification Number (CLID), or Caller ID Name (CNAM) that is not accurate, correct, and represents you or your business. Mis-representing yourself or business, impersonating another person, business or entity, or providing inaccurate or fraudulent information to TrueCNAM may be illegal in your State or Country, and may cause your TrueCNAM account to be suspended or terminated.
Collection, mining, or re-sale of TrueCNAM service data
You may not attempt to mine, collect, gather, aggregate or in any way attempt to amass data stored in the TrueCNAM database, including CNAM, TrueCLID, TrueSpam, or other data. Any attempt to collect and store the data for any purpose other than for calls placed or received in the normal operations of a traditional home or business is in violation of these TOS, and your account will be terminated and you will be banned from using the TrueCNAM service in the future.
You may not sell, lease, rent, give away, or in anyway provide or re-distribute the data you receive from the service to any other party.
Providing Information to Authorities and Third Parties
If we believe that you have used the service or provided information to us for an unlawful purpose, we may forward the relevant information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, you hereby agree that we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to: types of service, length of service, IP address(es), email address(es), and all other account information, as follows:
In response to law enforcement or other governmental agency requests;
As required by law, regulation, rule, subpoena, search warrant, or court order;
As necessary to identify, contact, or bring legal action against someone who may be misusing the service;
To protect TrueCNAM’s rights and property; or
In emergency situations where disclosure of such information is necessary to protect TrueCNAM customers or third parties from imminent harm.
TrueCNAM allows customers to insert and store in the TrueCNAM database their telephone number(s) along with a corresponding name(s) associated to those number(s). Telephone numbers stored by a customer will only be retrievable from the TrueCNAM database by other TrueCNAM customers after they have been verified as owned, or under the control of the customer inserting them. A number is verified to be owned or under the control of a customer inserting it when:
We call or send a text (SMS) message to it by an automated system which includes a verification code. This verification code is then entered into the TrueCNAM website from the customers account.
Any other method TrueCNAM may provide you at our sole discretion.
We may require you to re-verify any one, several, or all telephone numbers already verified on your account at any time, as determined automatically by our systems, or manually by us for any reason.
In certain cases, we may require additional information and/or documentation from you in order to store, or continue to store any telephone number and associated CNAM information on your account. If you do not provide us with the information and / or documentation we request, we may remove one, some, or all phone numbers and their associated CNAM information from your account and our database either temporarily or permanently.
Licensing and ownership of the TrueCNAM data
When you add a telephone number and corresponding CNAM information (“the CNAM data”) to your account, you hereby grant TrueCNAM a non-exclusive, worldwide license, right, title, and interest to use, host, store, reproduce, modify, communicate, publish, publicly perform, publicly display and distribute such content (“the license”). The license you grant is for the limited purpose of operating and improving the service, and to develop new services. TrueCNAM shall retain the license to the CNAM data, regardless of the form of media in which it is contained, where it is physically stored, and the number of copies which are stored by us.
You represent and warrant that you have the rights to provide TrueCNAM with the CNAM data and the license, and that you have not entered into any agreement with any other party that would prevent you from providing the CNAM data or the license to us.
You agree that we reserve the right to suspend, remove, or modify the CNAM data provided by you to comply with any regulation or law, to prevent any fraudulent or abusive use of the service, if we should receive a complaint about the CNAM data you provided, or if we believe or suspect the CNAM data is incorrect, mis-represented, fraudulent, or at any time should you violate any part of this TOS.
You may remove the CNAM data at any time by deleting it from the TrueCNAM database using your account on our website, at which time we will cease to provide the CNAM data to other TrueCNAM customers through the service.
You agree that use of the service does not give you ownership of any intellectual property rights in the service, or the content you access. With the exception of the CNAM data you provide to us, any content you retrieve or receive from the service is the sole and exclusive property of TrueCNAM, or the party that provided the data to us.
Tampering with Service
You may not attempt to tamper with, hack, reverse engineer, or otherwise disrupt the service, or make any use of the service that is inconsistent with its intended purpose.
Not a Telecommunications Service
You understand and agree that the service provided by us is not a telecommunications service, does not permit the ability to place or receive telephone calls, facsimile transmissions, text or SMS messages. The service is not regulated as a telecommunications service by any state or federal regulator, and is provided on a best effort basis. You further understand that the services provided by TrueCNAM are not considered to be a Line Information Database (LIDB) service, and do not provide the same functionality and information present in the LIDB.
To access and use the service, you must have an internet connection and be able to transmit and receive data via the HTTPS protocol. TrueCNAM will not reimburse you for any charges assessed by your Internet Service Provider (“ISP”) for the use or access to the service.
Customer expressly authorizes and acknowledges that TrueCNAM may use internal methods and/or third parties to perform a fraud or risk based score based upon the information you supply to us when opening your account or purchasing or renewing a paid service. We may refuse to provide services to you if your credit is not deemed satisfactory, which determination shall be made at our sole discretion.
THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR ACCOUNT USERNAME AND PASSWORD, AND ANY API KEYS AND PASSWORDS ON THEIR ACCOUNT. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. TRUECNAM CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT OR CREDIT CARD INFORMATION. If you suspect your account, account username and/or password, or API Keys or Passwords are being used in an unauthorized manner, you are required to contact us within twenty-four (24) hours of your suspicion or awareness that unauthorized use has occurred on your account, so that the appropriate modifications can be made to prevent any further unauthorized usage on the account.
It is your responsibility to provide us with a secure email address. All communication with TrueCNAM will be conducted via email, and recovery of your account credentials will be sent to the email address listed on your account should you lose access to your account.
- Payment For Services
Services we provide that require payment are provided on a pre-paid basis only, and as a subscription. We accept payment for services using a major credit or debit card as displayed during the checkout process. You agree that when you subscribe to paid services with us that they are on a subscription basis, as indicated by the subscription duration during the checkout process.
Upon renewal of your subscription, we will re-bill the card on file, typically within the twenty-four (24) hour period before your subscription expires. We may also re-bill a replacement card that you provide us by updating your account on our website prior to re-billing, or that is provided to our payment card processors by the card issuer networks (American Express, Discover, Master Card, Visa, and others) when such information is available.
You may cancel your paid subscription at any time, up until twenty-four (24) hours before the subscription expires, and it will not renew or be re-billed.
If you cancel your paid subscription before it expires, it will continue to function until the expiration date of the subscription. Unless agreed to in writing by TrueCNAM, we will not provide a refund of all or part of a canceled subscription.
Taxes and Chargebacks
We collect and remit sales tax on your payment for use of the service in some jurisdictions, which may be a flat fee or a percentage of the fees for your subscription and may change without notice. The taxes collected are based on the rates applicable to the address you provide to us on the billing address of your credit card.
If you are exempt from payment of any applicable taxes, you must provide TrueCNAM with an original certificate that satisfies the legal requirements attesting to tax-exempt status by contacting our support department and sending the certificate to us. Tax exemption will only apply from the date we acknowledge receipt of your certificate forward.
We reserve the right to pass through to you any new government taxes, fees or surcharges that may be applicable to the service.
Chargebacks. Should you or the cardholder of the credit card used to pay for the services provided by us file a chargeback or dispute of the charges billed by us, we reserve the right to require you to reimburse us for any fees caused by such chargeback before allowing you to continue to use the service on any account you have with us.
Pricing and Service Changes
We reserve the right, at our sole discretion, to modify the service and subscription fees, surcharges, as well as any other fees collected by or paid to us under the terms of this agreement. We may also modify the service plans offered, features of the service, and any special promotions that are offered.
Third-Party Services and Websites
Third Party Services. If the customer uses any third party service with the services (including services which use any Application Programming Interface (API) provided by TrueCNAM), the customer acknowledges that the service may access or use the customer’s information, and account. TrueCNAM will not be responsible for any act or omission of the third party, including such third party’s use of the customer’s information. TrueCNAM does not warrant or support any such third party service, and the customer should contact that third party for any issues arising from the customer’s use of the third party service.
Through our website we may provide information and hyperlinks to third-party vendors and websites. TrueCNAM is not responsible for the content provided on any linked website or by a third-party, or any changes or modifications to such sites, information, or services offered by third-parties. We provide these links as a convenience, and the information or link does not imply any endorsement, guarantee, or warranty express or implied by us of the site, information, or products and services offered through any other website. All corporate names, copyrights, service marks, trademarks, logos, trade names, websites and domain names of third-parties displayed on the TrueCNAM website are the property of their respective owners.
Trademarks, and Copyright
All corporate names, copyrights, service marks, trademarks, logos, trade names, websites and domain names of TrueCNAM, including but not limited to "TrueCNAM", “TrueCLID”, “TrueSPAM”, "truecnam.com" (collectively, the "Marks") are and shall remain the exclusive property of TrueCNAM and nothing in this TOS shall grant you a license to use such marks without the express written permission of TrueCNAM.
Customer Service and Support
If you have any questions, problems, concerns or complaints about the services we provide, please contact our support department at any time by clicking here.
TrueCNAM offers both free and paid services to users of the service. Our free service is offered as a method of evaluating the service prior to purchase, and is functionally identical to our paid services, but with lower usage limits.
A user may continue to use the free service if they find that it meets their needs.
For paid services, we will provide you a pro-rated refund for a prepaid subscription if we stop providing the service to you for a reason that is not described in this agreement. You will not be entitled to a refund from us under any other circumstances. If you are not satisfied with our paid services, we want to hear from you, and please contact us.
Discontinuance of the service
TrueCNAM reserves the right to suspend or discontinue the service generally or to terminate your service, at any time in our sole and absolute discretion. If we discontinue the service generally, or terminate your service without a stated reason, you will only be responsible for charges accrued through the date of termination. If your service is terminated due to your breach of any provision of this agreement, you will be responsible for the subscription fees to the end of the current subscription term, including, without limitation any un-billed charges, all of which will immediately become due and payable, and no refund will be applicable for any subscription fees billed to the date of termination.
Cancellation - As per section 13.3 and 13.4 of this agreement, you may cancel your paid subscription with TrueCNAM via our website, and it will not re-bill for the service.
TrueCNAM reserves the right, at its sole discretion and for any reason, to either terminate this agreement and the customers access to the service and/or to refuse to allow the customer to renew their subscription for the service. If we suspect fraud may occur, TrueCNAM has the right to put an account immediately on hold until investigation into the fraud is completed.
LIMITATION ON WARRANTIES, REMEDIES AND LIABILTY
No Warranties on The Service
You agree that the service is provided "as is”. TrueCNAM makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service will be without failure, delay, interruption, error, omission, degradation, or loss of content, data, or information. We neither warrant nor make any representations regarding the quality, accuracy or completeness of any data or information provided by the service. TrueCNAM nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes service, or software to the customer for the service will be liable for unauthorized access to our or your transmission facilities or equipment, or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, or any other method, regardless of whether such damage occurs as a result of TrueCNAM's or its service provider's or vendors' negligence.
No Credit Allowances for Delay or Interruption of The Service
We will not provide you with a credit or refund for any delay or interruption of the TrueCNAM service.
Limitation of Liability
We will not be liable for any delay or failure to provide service at any time or any interruption or degradation the service that is caused by any of the following:
Third party omission: an act or omission of a carrier, service provider, vendor or other third party;
Acts or Omissions: any act or omission by you, TrueCNAM, or any person using the service;
Loss of power: service, equipment, network, or facility failure caused by the loss of power to you, or to us;
Outages: outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;
Equipment failure: equipment, network, or facility failure;
Equipment modification: equipment, network, or facility upgrade or modification;
Equipment relocation: equipment or facility relocation;
Equipment shortage: equipment, network, or facility shortage;
Force majeure: events including, but not limited to, acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions; or
Other causes: any other cause that is beyond our control, including, without limitation, a failure of or defect in the software or service, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed.
Limit on Total Liability
Our total liability under this agreement will not exceed the service charges for the affected time period. TrueCNAM will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, broadband or internet service charges, or other similar charges.
IN NO EVENT will TrueCNAM, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with the service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, loss of goodwill, or damages arising out of or in connection with the use or inability to use the service. These limitations apply to claims founded in breach of agreement, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
INDEMNIFICATION AND WAIVER OF CLAIMS
You shall defend, indemnify, and hold harmless TrueCNAM, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for the service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party or user of the service, relating to our service, including, without limitation, use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using the service. You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service.
You are liable for all damages and liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.
This agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York.
Exclusive Jurisdiction and Venue
Any suit involving any dispute or matter arising under this agreement may only be brought in the United States District Court, Southern District of New York located in the State of New York or the Supreme Court of the State of New York, County of New York, which shall have jurisdiction over the subject matter of the dispute or matter. You hereby expressly consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding and waive any objection to venue or inconvenient forum and to the waiver of any right to bring, represent or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE OF SETOFF IN ANY CLAIM FILED BY TRUECNAM UNDER THE TERMS OF THIS AGREEMENT.
No Waiver of Rights
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. TrueCNAM reserves all of its rights at law and equity to proceed against anyone who uses the service illegally or improperly. All determinations by TrueCNAM under these Terms of Service and exercise of its rights are made and done in our sole and absolute discretion.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
Third Party Beneficiaries
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights provided.
You agree that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
This agreement, including any future modifications to its terms, and the rates for the service found on our web site constitute the entire agreement between you and TrueCNAM. This agreement governs your use of our service, and the use of our services by anyone with access to your account, or use of the service. This agreement supersedes any prior agreements between you and TrueCNAM. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
--- Last Revised February 3, 2015