Answering Services
Our terms and conditions
These Terms of Use (or “Terms”) are a binding contract between you and KustomerGo.com, our subsidiaries (collectively, “Kustomergo,” “us,” “we,” or “our”). These Terms govern your use of our (i) Receptionist or Answering services, website, customer portals and dashboards and other software we offer (collectively, the “Software”), (iii) www.kustomergo.com and other websites or online channels we own or operate (collectively, the “Site”), as well as (iv) all applications, platforms, and digital properties we offer through third party platforms (altogether, with the Site and Software, the “Services”). Additional, separate terms may apply to our Services, including without limitation our Data Processing Agreement, each of which will be considered to form part of these Terms.
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THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND KUSTOMERGO.
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CALL KUSTOMERGO
If you have any questions about these Terms or our Services, please contact us at (877)-958-0858.
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Acceptance
By accessing or using any of our Services, you agree to be unconditionally bound by these Terms. ACCEPTANCE OF THESE TERMS IS REQUIRED FOR USE OF KUSTOMERGO SERVICES AND ANY USE OF KUSTOMERGO SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS.
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Subscriptions
This subscription-related section pertains to individuals who enroll in a paid subscription plan or any other paid Service. By proceeding, you acknowledge that your subscription commences on the day of sign-up and subsequently renews every 30 days, unless modifications or cancellations are made. It's important to understand that we retain the authority to modify our subscription plans and other Services available to Customers. We may also adjust the pricing for our Services or their constituents at our discretion and at any time. We will give you at least 30 days’ notice prior to any price change or change to your subscription plan.
Registration: To become a Customer, you must first register with KustomerGo, create an account, and select an available Service. You must maintain a valid email address and phone number on your account at all times. You represent and warrant that: (i) you will maintain the accuracy of that information; (ii) you will not do anything that might jeopardize the security of your account; and (iii) you will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for maintaining the confidentiality of any login and password issued by KUSTOMERGO to you to use the Services, and you are responsible for all activities that occur using your access credentials. KUSTOMERGO reserves the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Receptionist/ Answering Services minutes: The measure of Customer usage of our Receptionist Services based on the subscription package picked upon signing up. In all cases, Receptionist Minutes are calculated and billed in 30-second increments and calls are rounded up to the next 30-second mark. As an example, if a call is ten seconds long, it will be billed as 30 seconds (or half of one Receptionist Minute).
For inbound calls, Minutes are calculated starting from the time the Receptionist receives the call and ending when a Receptionist transfers the call through to someone, or to voicemail, or otherwise disconnects because the call is over. We include hold time and exclude talk time once a call is transferred to you or your voicemail box.
For outbound calls, Minutes are calculated by counting the time our Outbound Call Specialist is on the call, as well as the time they spend sending a follow-up email to notify you of the outcome of the call. Each Customer is responsible for monitoring Receptionist Minutes usage on its account.
Telephone Numbers: When you sign up as a Customer, at your option, we will host your established telephone number or assign you a forwarding telephone number. KustomerGo reserves the right to release or reassign any telephone numbers not ported back within One month after termination of the applicable subscription.
Billing and Payment
If you sign up as a Customer, you agree to use the Services only as permitted by these Terms and to pay the fees associated with the Services to which you subscribe and any changes you make to your selections from time to time, as well as any and all applicable sales and taxes for the purchase of your subscription based on the address that you provide when you register as a Customer.
Payment Method. To receive subscription or free trial Services, you must maintain a valid payment method (credit or debit card or bank account) associated with your account. You authorize KustomerGo to charge your payment method every 30 days for the fees of the service. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others. Except for downgrades and cancellations by you in the manner permitted herein, payments are nonrefundable, and there are no refunds or credits for partially used periods.
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Communications
Kustomergo may use your contact information to communicate with you about your use of our Services. For example, we may send you service announcements or administrative communications by email, phone, text, mail, or other means. You understand that you receive these communications as part of your use of the Services.
Texting Consent. By providing us with your phone number, you consent to Kustomergo sending you informational text messages related to the products, Services, or information you have requested from us.
Marketing Communications: We might communicate marketing messages to you through email, mail, or other permissible channels in accordance with relevant laws. In alignment with our commitment to ensuring your complete privacy, we offer you the choice to opt out of receiving marketing communications from Kustomergo.
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Service Access
KustomerGo will employ reasonable efforts to ensure the availability of the Services during your subscribed service hours. It's important to acknowledge that there will be instances when the Services may not be accessible. This could encompass scheduled maintenance periods, outages, unforeseen maintenance, unavailability due to software, hardware, other Customers, Callers, or factors beyond our control.
Kustomergo will take reasonable efforts to inform you about planned downtime and potential unavailability of the Services through commercially reasonable means. Kustomergo will not be held responsible for delays, interruptions, or errors/bugs arising from service unavailability, Similarly, Kustomergo is not liable for any service unavailability caused by your device, internet connection, or wireless service provider.
Updates to our services
From time to time, we may create and provide improvements to our Services as we see fit. These improvements could encompass refinements, bug resolutions, patches, error rectifications, or even novel functionalities (collectively referred to, along with their associated documentation, as "Updates"). It's essential to be aware that these Updates might involve alterations to existing features or their removal.
Third Party Software
Certain Services may be accessible through or integrated with software, applications, or platforms developed by third parties ("Third-Party Software"). On occasion, Kustomergo might opt to provide the Services using Third-Party Software, or as a Customer, you might choose to integrate our Services with a Third-Party Software of your choice. It is crucial to recognize that your use of the Services in conjunction with any Third-Party Software is entirely your responsibility.
You acknowledge and agree to the following points:
The compatibility or ongoing compatibility of the Third-Party Software with our Services is not guaranteed by Kustomergo. This is a recognition that Third-Party Software may not always be fully compatible or sustained in its compatibility with our Services.The Third-Party Software may come with its own set of terms and conditions of use as well as privacy policies. You commit to employing the Third-Party Software in accordance with these relevant terms, conditions, and privacy policies. Kustomergo does not endorse, and bears no responsibility or liability for, the behavior, characteristics, or content of any Third-Party Software. This also extends to any transactions you might engage in with the provider of such Third-Party Software.
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Updates to our services
From time to time, we may create and provide improvements to our Services as we see fit. These improvements could encompass refinements, bug resolutions, patches, error rectifications, or even novel functionalities (collectively referred to, along with their associated documentation, as "Updates"). It's essential to be aware that these Updates might involve alterations to existing features or their removal.
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Acceptable Use
Prohibited Use. You are strictly prohibited from using the Services in a manner that violates any applicable law, rule or regulation locally and/or nationally. You understand and agree that if you are a Customer and a covered entity under HIPAA, it is your responsibility to ensure that you have executed and at all times comply with HIPAA.
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Proprietary Rights
The content, features, and functionality provided through our Services are protected by various intellectual property laws, including copyright, trademark, patent, and other proprietary rights. These proprietary rights extend to all materials, designs, graphics, logos, icons, images, audio clips, downloads, data compilations, and software used in connection with the Services.
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Account Responsibility:
You are responsible for maintaining the confidentiality of any account credentials, usernames, passwords, or any other information related to your access to our website. Any activities occurring under your account are your sole responsibility.
Unauthorized Access:
You agree not to engage in any unauthorized access, hacking, or any other activity that compromises the security or integrity of our website. Any attempt to gain unauthorized access or breach security measures may result in legal action.
Malicious Activity:
You shall not introduce or engage in any form of malware, viruses, worms, or any malicious code that may disrupt, damage, or compromise the functionality of our website or the data of other users.
Reporting Security Issues:
If you discover any vulnerabilities or security issues on our website, we encourage you to report them to us immediately. Please refrain from exploiting any vulnerabilities for personal gain or unauthorized access.
Third-Party Links:
Our website may contain links to third-party websites. We are not responsible for the security practices or content of these external sites. Clicking on such links is at your own risk.
Termination of Access:
We reserve the right to terminate or suspend your access to our website if we suspect any violation of security terms or any misuse of the site.
Updates to Security Terms:
We may update these security terms from time to time. Your continued use of our website after any modifications indicates your acceptance of the updated terms. By accessing or using our website, you acknowledge and agree to abide by these Site
Limitation of Liability:
No Warranties or Guarantees: Our website and its content are provided "as is" and "as available" without any warranties or guarantees, whether expressed or implied. We do not warrant the accuracy, completeness, reliability, or suitability of the information and materials found on the website.
Use at Your Own Risk: Your use of our website and services is at your own risk. We shall not be liable for any damages, losses, or harm incurred as a result of using or accessing our website.
Third-Party Content: We may provide links to third-party websites or content. We are not responsible for the accuracy, quality, legality, or nature of any third-party content or websites linked to our site.
Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from your use of our website or inability to access it. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.
Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
Indemnification: You agree to indemnify and hold us harmless from and against any claims, actions, or demands, including legal fees, arising from your use of our website or your violation of these terms.
Force Majeure: We shall not be liable for any failure or delay in the performance of our obligations if such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of nature, governmental actions, and disruptions in internet services.
Modification or Discontinuation: We reserve the right to modify, suspend, or discontinue any part of our website at any time without notice. We shall not be liable for any losses or damages resulting from such modifications, suspensions, or discontinuations.
Governing Law: These limitations of liability are governed by and construed in accordance with the laws of the jurisdiction where our company is registered.
By using our website, you acknowledge and agree to these Limitation of Liability terms. If you do not agree with these terms, please refrain from using our website.
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Dispute Resolution
PLEASE READ THROUGH THIS SECTION CAREFULLY AS IT INCLUDES CLASS ACTION WAIVER. BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREETO THE FOLLOWING CLASS ACTION WAIVER.
You hereby waive any right you may have to participate in, initiate, or be a party to any class or collective action against 9293 Solutions LLC (KustomerGo.com parent company) or its affiliates. This waiver applies to any dispute, claim, or controversy, whether in arbitration or in court.
Right to Opt Out:
If a court or arbitrator determines that this Class Action Waiver is unenforceable, you have the right to opt out of this waiver. However, if you choose to opt out, you cannot initiate or participate in a class or collective action against 9293 Solutions LLC (KustomerGo.com parent company).
Severability:
If any part of this Class Action Waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Governing Law:
This Class Action Waiver shall be governed by and construed in accordance with the laws of the jurisdiction where 9293 Solutions LLC (KustomerGo.com parent company) is registered.
By using our Services, you acknowledge that you have read, understood, and agreed to this Class Action Waiver. If you do not agree with this provision, please refrain from using our Services. This waiver is a fundamental part of our agreement with you.
Terms of Use Termination
With the exception of the circumstances outlined for the termination of your Customer Contract as detailed above, these Terms will continue to be applicable for the duration of your usage of the Site or any other services provided by KustomerGo. If you wish to terminate these Terms, kindly reach out to KustomerGo in writing and cease all utilization of the Services. The termination of these Terms becomes effective upon the cessation of your engagement with the Services. Once terminated, your access to and use of all KustomerGo Services will be revoked.
Terms of Use Revisions
KustomerGo retains the authority to amend these Terms by updating the posted Terms of Use on our website without prior notice. Your ongoing use of our Services after such changes are posted indicates your acceptance of those revisions. We recommend periodically visiting this page to stay informed about the current Terms.
Additionally, you agree that if any part of these Terms is deemed unenforceable, the remaining portions will continue to be valid and enforceable to the maximum extent permitted by law. The unenforceable part will be adjusted to ensure compliance with applicable laws.
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Contact Us
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(877) 958 - 0858
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