TERMS AND CONDITIONS
Customer Service Agreement

This Customer Service Terms and Conditions Agreement (“Terms and Conditions“ or “Agreement”) governs all the terms and conditions associated with a Customer's (“you," “user" or "Customer") use of the communications services and any related products or services ("Service") offered by or through the CallRecordNOW.com website and Call Record NOW mobile Apps by Callcentric, Inc. (“we,” “us”, “Call Record NOW”, or “Callcentric”).


Online Acceptance

By using this website, mobile app, or platform on which these Terms and Conditions are posted, you signify your acceptance of them, and the Privacy Policy ("Privacy Policy"). If you do not agree to all of these Terms and Conditions, and the Privacy Policy, do not use this Site or our app.

Since using the Call Record NOW services are an online transaction, it is understood between Call Record NOW and the Customer that online acceptance of this Agreement will carry the same legal authorization as if the Customer is providing a handwritten signature of acceptance.


TERMS AND CONDITIONS

  1. Services Provided.
    1. Call Record NOW offers the Customer the ability to record telephone calls placed or received on your smartphone, download and playback recordings you’ve made, and share recordings you’ve made. A complete list of Call Record NOW services can be found on the Website (www.CallRecordNOW.com).
  2. Service Outages.
    1. While Call Record NOW strives to be 100% available, Service Outages may occur due to Internet Outages, failure of the Public Switched Telephone Network (“PSTN”), failure of the Call Record NOW network or Service, or your carrier or any intermediary carrier blocking, failing, or mis-routing calls destined to the Service.
    2. Call Record NOW does not provide any guarantee that the service will be available at any time, and will not reimburse you for the failure or inability to use the Service.
  3. Prohibited Uses.
    1. Unlawful. You shall use the Service only for lawful purposes. Call Record NOW reserves the right to immediately terminate your Service if, in our sole and absolute discretion, Call Record NOW determines that you have used the Service for an unlawful purpose. In the event of such termination, Call Record NOW in its sole discretion may block or prevent you from using the Service in the future. If Call Record NOW believes that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Call Record NOW will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc, from the government under the Patriot Act or USA Freedom Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
    2. Inappropriate Conduct. You shall not use the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. Call Record NOW reserves the right to immediately terminate your Service if, in our sole and absolute discretion, Call Record NOW determines that you have used the Service in any of the aforementioned ways. In the event of such termination, Call Record NOW in its sole discretion may block or prevent you from using the Service in the future. If Call Record NOW believes that you have used the Service in any of the aforementioned ways, Call Record NOW may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Call Record NOW will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders and requests for wire taps etc, from the government under the Patriot Act or USA Freedom Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
  4. Tampering with the Service. You shall not attempt to reverse engineer, hack, or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
  5. Mobile app verification and Call Recording call-in numbers.
    1. Telephone numbers provided to you in connection with the Service are not provided to you exclusively, and may be used by multiple other customers. As such, you agree that you have no ownership, interest, or rights to the verification or call-in number(s) you are provided by the Service. Call-in numbers are not eligible for Local Number Portability (“LNP”) and you may not port a call-in number away to a different service, service provider, or carrier.
    2. The Call-in number(s) provided by the Call Record NOW Service are located in the United States. You are solely responsible for any charges your telecommunications carrier(s) bill you for connecting to the call-in number(s).
    3. Call Record NOW, expressly reserves the right to cancel any verification or Call-in number, in its sole discretion, at any time.
  6. Service Distinctions. The Service is not a telecommunications service and Call Record NOW provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that Call Record NOW provides. The Service is subject to different regulatory treatment than telecommunications services. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
  7. Service Availability. To access the Call Record NOW Services, the Customer must have access to a high-speed internet connection as well as a telephone capable of dialing a telephone number in the United States. Call Record NOW will not reimburse the Customer for any extra charges assessed by Customer's internet provider or telephone carrier as a result of using their services to access the Call Record NOW Service.
  8. Call-in number and Caller ID. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY CALL-IN NUMBER THEY ARE ASSIGNED. AS SUCH, CALL RECORD NOW CANNOT BE HELD RESPONSIBLE FOR THEFT OR FRAUDULENT USE OF THE CALL-IN NUMBER ASSIGNED TO YOU. CALLS YOU RECORD ARE STORED BASED UPON YOUR VERIFIED CALLER ID, AND MAY BE ACCESSIBLE TO OTHER SHOULD THEY SPOOF YOUR CALLER ID. CALL RECORD NOW WILL NOT BE RESPONSIBLE FOR ANY UN-AUTHORIZED ACCESS TO A CUSTOMERS RECORDINGS. If a Customer suspects that their Call-in Number and/or Caller ID is being used in an unauthorized manner, the Customer shall be required to contact Call Record NOW within twenty-four (24) hours of a Customer's suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage.
  9. Free trial usage and Paid Subscriptions.
    1. Call Record NOW may provide a free trial of our Services or Apps. Any such free trial is offered one time per user and cannot be extended or re-used again in the future.
    2. Paid Subscriptions to the Call Record NOW service or Apps may be made available to Customer. All prices, subscription periods, and services provided for a paid subscription are shown to Customer, and will only include such services described and paid for. All subscriptions will automatically renew at the end of the paid period, roughly 1 day before the subscription expires, for the same price and duration as the Customer previously selected, unless cancelled at least 24 hours before the subscription renews. Call Record NOW will not provide refunds for any paid subscription under any condition. Subscriptions can be cancelled by following the directions on the Call Record NOW website.
  10. Termination.
    1. Discontinuance of Service. Call Record NOW 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 your Service is terminated due to your breach of any provision of this Agreement, Call Record NOW may at its sole discretion block or prevent you from using the service in the future.
    2. Cancellation. A customer may discontinue use of the Call Record NOW Service at any time.
    3. Call Record NOW reserves the right, at its sole discretion and for any reason, to terminate this Agreement and the Customers access to the Service.
  11. Agents. Call Record NOW does not authorize any third-party agents or resellers to sell the Call Record NOW Service, unless specifically authorized by Call Record NOW. If contacted by an agent, a Customer is required to contact Call Record NOW to confirm that the contacting agent is licensed and authorized by Call Record NOW to provide these services. If a Customer fails to confirm authorization of a third-party agent or reseller of Call Record NOW, Customer cannot hold Call Record NOW liable and expressly releases Call Record NOW from any representation made by an unauthorized third-party agent or reseller.
  12. Access to Third-Party Vendors. Call Record NOW Customers may also purchase various products and services from third-party vendors by accessing those third-party vendors directly through Call Record NOW's Website via click throughs or hyperlinks. Call Record NOW is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. Call Record NOW provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by Call Record NOW of the site or the products/services offered through that site.
  13. Customer Service. The Call Record NOW Service is provided without any form of customer service or support. If a Customer has any questions, concerns or complaints about the Service, we can be contacted here, however we cannot guarantee you will receive a response.
  14. No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
  15. Limitation of Liability. CALL RECORD NOW SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS OR RECORDED MESSAGES; LOSS OF DATA OR RECORDINGS, UN-AUTHORIZED ACCESS TO DATA OR RECORDINGS, REGARDLESS OF THE NATURE OF THE CLAIM. CALL RECORD NOW WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF CALL RECORD NOW HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, CALL RECORD NOW SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
  16. No Warranties. CALL RECORD NOW DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
  17. Force Majeure. Call Record NOW shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of Call Record NOW.
  18. Indemnity. Customer agrees to indemnify, defend and hold Call Record NOW, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website and Service, from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, Customers use of the Website, the Call Record NOW Apps, and/or your transactions/communications with third-party vendors initiated via the Website
  19. 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, Eastern or Southern Districts 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. Customer hereby expressly consents 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. CUSTOMER EXPRESSLY WAIVES ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE OF SETOFF IN ANY CLAIM FILED BY CALL RECORD NOW UNDER THE TERMS OF THIS AGREEMENT.
  20. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Call Record NOW, including but not limited to "Call Record NOW”, “CallRecordNOW”, ”CallRecordNOW.com”, “CallRecordNOW.net” (collectively "Marks") are and shall remain the exclusive property of Call Record NOW and nothing in this Agreement shall grant Customer the license to use such Marks without the express written permission of Call Record NOW.
  21. Assignment. Call Record NOW may assign its rights and duties under this Agreement to any party at any time without notice to the Customer. A Customer may not assign their rights and duties under this Agreement without the express written permission of Call Record NOW, and such permission and/or authorization shall be in the sole discretion of Call Record NOW.
  22. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision of this Agreement will continue in full force and effect.
  23. Integration - Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between Customer and Call Record NOW with respect to the services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and Call Record NOW.
  24. Governing Law.This Agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York.
  25. Waiver. Call Record NOW's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision hereof nor Call Record NOW’s right to enforce a provision upon the Customer.
  26. Term. The term of this Agreement shall be from the Customers first use of the Website and/or Service and continuing to one (“1”) year after the last use of the Website and/or Service.
  27. Privacy Policy. To learn about how Call Record NOW protects the Customers personal information, refer to Call Record NOW's Privacy Policy on the Website.
  28. Compliance with Laws. Call Record NOW shall comply with all applicable federal, state and local laws and/or regulations regarding the provision of the services provided for under this Agreement.
  29. Use. Customer agrees to use Call Record NOW's service in a lawful manner, which is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Call Record NOW reserves the right to immediately, and without notice, terminate, or otherwise discontinue, service to the Customer in the event it determines that a Customer has violated any such term, condition, law and/or regulation.
  30. Content.You will be responsible for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using the Service (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. Call Record NOW reserves the right to terminate or suspend your Services and remove you or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Call Record NOW's action or inaction under this Section will not constitute any review or approval of you or your Users' use or content.
  31. Legality. CALL RECORD NOW MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. CALL RECORD NOW IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE CALL RECORD NOW SERVICE IS LEGAL IN YOU COUNTRY/JURISDICTION. BY ACCEPTING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING CALL RECORD NOW FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS PROVISION.
  32. Modifications/Amendments. This Agreement may be modified or amended by Call Record NOW at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under Terms and Conditions. YOUR CONTINUED USE OF THE WEBSITE AND SERVICE WILL BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS.

--Updated June 21, 2017