Terms of Service

RingTrio Terms of Service Agreement

This Terms of Service Agreement (“Agreement”) is a legally binding contract between RingTrio, LLC (“RingTrio,” “we,” “us,” or “our”) and you (“you,” “your,” or “User”). This agreement governs your access to and use of RingTrio’s contact center software (the “Software”) and RingTrio’s certification courses (the “Courses”). It is crucial that you read and understand this document, as it outlines the rules and conditions under which you are permitted to use our services.

Part 1: Terms of Service for RingTrio Contact Center Software

1. Acceptance of Terms

This section emphasizes the contractual nature of the agreement. By accessing or using the Software, you are indicating your unequivocal agreement to be bound by all the terms and conditions outlined in this document. This means that you are entering into a legal agreement with RingTrio, and you are agreeing to abide by the rules we have set forth. If you do not agree with any part of these terms, you are explicitly prohibited from accessing or using the Software. This is a fundamental condition of using our services.

2. Description of Software

This section provides a general overview of the Software. RingTrio offers a contact center software solution designed to help businesses manage and operate their customer communications more effectively. This Software provides a range of tools and functionalities, and the specific details of these features are described in more detail on our official website at RingTrio and in our service documentation. This section serves to inform you about the core purpose of the Software.

3. Use of Software

• 3.1 License: This part explains the terms under which you are allowed to use the Software. RingTrio grants you a limited license to access and use the Software. This license is not exclusive, meaning that others may also be granted the same license. It is also non-transferable, meaning that you cannot give or sell your license to someone else. The license is revocable, meaning that RingTrio can take away your license under certain circumstances. Finally, the license is limited to your internal business purposes, meaning that you can only use the Software within your company and not for any other reason. Your use of this software is contingent upon your adherence to all the terms outlined in this agreement.

• 3.2 Restrictions: This section lists the actions that you are strictly prohibited from undertaking. These restrictions are in place to protect the integrity of the Software, to ensure compliance with the law, and to safeguard the interests of RingTrio and its other customers. The restrictions cover a wide range of activities, including modifying the software, attempting to reverse engineer it, using it for illegal purposes, transmitting spam or harmful software, interfering with its operation, attempting to gain unauthorized access, and engaging in any activity that could harm RingTrio or its customers. Violation of these restrictions can lead to termination of your access to the Software and potential legal consequences.

• 3.3 Compliance with Laws: This section emphasizes your responsibility to use the software lawfully. You are solely responsible for ensuring that your use of the Software complies with all applicable laws and regulations. This includes, but is not limited to, laws relating to telephone communications, such as the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the CAN-SPAM Act, and any relevant state laws. You must understand and adhere to these laws to avoid legal issues.

4. FTC/FCC/10DLC/Robocall Compliance

• 4.1 General: This section introduces the regulatory landscape surrounding telephone communications. It explicitly acknowledges that the use of the Software for any form of telephone communication, including voice calls, SMS, and MMS, is subject to various federal and state laws and regulations. These regulations are enforced by government agencies such as the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC). For more information, please visit the Federal Trade Commission and the Federal Communications Commission.

• 4.2 TCPA/TSR/CAN-SPAM: This section details your specific responsibilities regarding compliance with key telephone communication laws. You are solely responsible for adhering to the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and all other relevant laws. This includes obtaining proper consent for calls and texts, maintaining records, providing opt-out mechanisms, and adhering to restrictions on calling times and practices.

• 4.3 10DLC: If you utilize the Software for Application-to-Person (A2P) messaging, you are held accountable for complying with all 10DLC requirements. This encompasses carrier registration, campaign registration, and adhering to content restrictions. Non-compliance may lead to message blocking, filtering, or financial penalties imposed by mobile carriers.

• 4.4 Robocall Mitigation: This section addresses the issue of robocalls. You are responsible for implementing and maintaining reasonable measures to mitigate robocalls. These measures include caller ID authentication (STIR/SHAKEN), call blocking, and traffic monitoring. The aim is to prevent the origination of illegal robocalls. More information on robocall mitigation can be found at the FCC website.

• 4.5 Indemnification: This section outlines your responsibility to protect RingTrio from legal claims. You agree to indemnify, defend, and hold RingTrio harmless from any claims, losses, damages, liabilities, costs, and expenses, including attorney’s fees, that arise from your violation of any applicable laws or regulations, including the TCPA, TSR, CAN-SPAM Act, and 10DLC requirements. This means you will be responsible for any legal repercussions resulting from your non-compliance.

5. Disclaimer of Warranties

This section clarifies that the Software is provided without any guarantees. The Software is provided on an “as is” and “as available” basis, and RingTrio makes no warranties, either express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. RingTrio does not guarantee that the Software will be uninterrupted or error-free, that defects will be corrected, or that the Software or the servers that provide it are free of viruses or other harmful components. This means that you are using the software at your own risk.

6. Limitation of Liability

This section limits RingTrio’s financial responsibility to you. To the maximum extent permitted by law, RingTrio will not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses. This limitation applies even if RingTrio has been advised of the possibility of such damages. Furthermore, RingTrio’s total liability to you for any claims related to this agreement or your use of the software is limited to the amount you paid to RingTrio for the Software in the 12 months preceding the event that led to the claim.

7. Indemnification

This section reiterates your responsibility to protect RingTrio from legal claims. You agree to indemnify, defend, and hold harmless RingTrio, its officers, directors, employees, agents, licensors, and suppliers from any claims, losses, damages, liabilities, costs, and expenses, including attorney’s fees, arising out of your use of the Software, your violation of this Agreement, or your violation of any rights of another party.

8. Termination

• 8.1 Termination by RingTrio: RingTrio reserves the right to terminate this Agreement and your access to the Software at any time, for any reason, and with or without providing you notice.

• 8.2 Termination by You: You have the option to terminate this Agreement by discontinuing your use of the Software and canceling your account with RingTrio.

• 8.3 Effect of Termination: Upon termination of this Agreement, your right to access and use the Software will be immediately revoked. You will not be entitled to any refunds for any fees that you have already paid to RingTrio.

9. Modifications to Software and Agreement

RingTrio retains the authority to modify, suspend, or discontinue the Software, either in whole or in part, at any time. This can be done with or without prior notice to you. RingTrio also reserves the right to modify the terms of this Agreement at any time. Any changes to the Agreement will be communicated by posting the revised Agreement on our website. Your continued use of the Software after these changes are posted signifies your acceptance of the updated Agreement.

10. Governing Law

This section specifies which jurisdiction’s laws will be used to interpret the Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. This means that the laws of the specified state will apply to any legal disputes that may arise.

11. Entire Agreement

This clause establishes that this Agreement represents the complete understanding between you and RingTrio regarding the Software. It supersedes any and all prior or contemporaneous communications and proposals, whether oral or written. This ensures that there are no other agreements or understandings that are not included in this document.

12. Severability

This section protects the validity of the remaining parts of the agreement. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be removed, but the remaining provisions will continue to be valid and enforceable.

13. Waiver

This section clarifies that if RingTrio chooses not to enforce a particular term or condition of this Agreement, that does not mean that RingTrio is giving up its right to enforce that term or condition in the future, or any other term or condition in this Agreement.

14. HIPAA Compliance and Security Requirements

• 14.1 HIPAA Applicability: If your use of the Software involves the creation, receipt, maintenance, or transmission of Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, you acknowledge that you are a “Covered Entity” or “Business Associate” as defined under HIPAA, and you agree to comply with all applicable HIPAA requirements.

• 14.2 Security Safeguards: You are responsible for implementing and maintaining appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of all PHI in accordance with HIPAA. These safeguards shall include, but are not limited to:

  • Administrative Safeguards: Implementing security management processes, conducting risk assessments, developing security policies and procedures, providing workforce training, and establishing business associate agreements with any subcontractors that may have access to PHI.

  • Physical Safeguards: Limiting physical access to facilities and workstations, implementing policies and procedures for workstation use, and securing any devices that store or transmit ePHI.

  • Technical Safeguards: Implementing access controls, audit controls, integrity controls, and transmission security measures to protect ePHI during storage and transmission. This includes using encryption technologies that meet HIPAA standards.

• 14.3 Prohibited Uses of PHI: You shall not use the Software in any manner that would violate HIPAA regulations, including but not limited to, using or disclosing PHI without proper authorization, or in any way that is not permitted by the HIPAA Privacy Rule.

• 14.4 Business Associate Agreement: To the extent that RingTrio is considered a “Business Associate” under HIPAA, RingTrio and you shall enter into a Business Associate Agreement (BAA) that complies with the requirements of HIPAA. This BAA will outline the specific responsibilities of each party with respect to the protection of PHI.

15. Breach Notification

• 15.1 Your Breach Notification Obligations: You shall establish and maintain a breach notification policy and procedure that complies with the requirements of the HIPAA Breach Notification Rule (45 CFR Part 164, Subpart D). This policy and procedure shall include, but not be limited to:

  • Defining what constitutes a “breach” of unsecured PHI.

  • Establishing procedures for detecting and reporting breaches.

  • Conducting a risk assessment to determine the probability that the PHI has been compromised.

  • Providing notification of a breach to affected individuals, the Secretary of the Department of Health and Human Services (HHS), and, if required, to the media.

  • Documenting all breach incidents and the actions taken in response.

• 15.2 RingTrio’s Breach Notification Obligations: In the event of a breach of unsecured PHI that occurs on RingTrio’s systems and that RingTrio is required to report under HIPAA, RingTrio will notify you as soon as reasonably practicable, but no later than the time frame required by HIPAA. RingTrio will cooperate with you to provide the information necessary for you to comply with your breach notification obligations.

• 15.3 Your Responsibility for Notification: Regardless of RingTrio’s notification to you, you remain ultimately responsible for complying with all applicable breach notification requirements under HIPAA. You are responsible for determining whether a breach has occurred and for providing notification to affected parties as required by law.

16. No Refunds

All fees paid to RingTrio are non-refundable. All purchases are final.

17. Privacy Policy

17.1 Introduction

RingTrio, LLC (“RingTrio,” “we,” “us,” or “our”) is committed to protecting the privacy of your information. This Privacy Policy outlines the types of information we collect, how we use it, and the measures we take to safeguard it. This policy applies to information collected through our website, software, courses, and other services (collectively, the “Services”). By using our Services, you consent to the practices described in this policy.

17.2 Information We Collect

We collect several types of information, including:

• Personal Information: This is information that can be used to identify you, such as your name, email address, phone number, postal address, and payment information. We collect this information when you create an account, make a purchase, register for a course, or interact with our Services.

• Business Information: This includes information related to your company, such as company name, size, industry, and contact information. We collect this information when you register your business with us or use our Software.

• Usage Data: We collect information about how you use our Services. This may include your IP address, browser type, operating system, the pages you visit, the time and date of your visit, and other usage statistics. We collect this information automatically through cookies, log files, and other tracking technologies.

• Call and Message Data: If you use our Software for call or message communications, we collect information about those communications, such as call logs, message content, call recordings, and related metadata. This information is used to provide and improve our Services, and to ensure compliance with applicable laws and regulations.

• Course Data: If you participate in our certification courses, we collect information about your progress, including completed lessons, quiz scores, and assignments. We use this information to track your learning and provide you with relevant feedback and certification.

• Device Information: We may collect information about the devices you use to access our Services, including device type, model, operating system, unique device identifiers, and mobile network information.

• Location Information: With your consent, we may collect information about your location. This information may be used to provide you with location-based services, such as local business listings or personalized content.

17.3 How We Use Your Information

We use your information for various purposes, including:

• Providing and Improving Our Services: We use your information to deliver our Software, Courses, and other Services, and to improve their functionality and user experience.

• Account Management: We use your information to create and manage your account, process your transactions, and provide you with customer support.

• Communication: We use your information to communicate with you, including sending you important updates, notifications, and marketing materials. We may also use your information to respond to your inquiries and requests.

• Personalization: We use your information to personalize your experience with our Services, such as providing you with tailored content, recommendations, and advertisements.

• Analytics: We use your information to analyze trends, track usage patterns, and gather demographic information. This helps us to understand how our Services are being used and to improve them.

• Legal Compliance: We use your information to comply with applicable laws, regulations, and legal processes, including responding to subpoenas or court orders.

• Security: We use your information to protect the security and integrity of our Services, including detecting and preventing fraud, abuse, and other malicious activity.

• Research and Development: We use your information for research and development purposes, including improving our Services and developing new products and features.

17.4 Sharing Your Information

We may share your information with the following categories of recipients:

• Service Providers: We share your information with third-party service providers who help us to operate our business, such as payment processors, hosting providers, analytics providers, and marketing automation platforms. These service providers are contractually obligated to protect your information and to use it only for the purposes for which it was disclosed.

• Business Partners: We may share your information with our business partners, such as affiliates, resellers, or distributors, to provide you with relevant products, services, or promotions.

• Legal Authorities: We may disclose your information to legal authorities, such as law enforcement agencies, government agencies, or courts, when required by law or to protect our legal rights.

• Business Transfers: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred to the acquiring entity. We will provide you with notice before your information is transferred and becomes subject to a different privacy policy.

• With Your Consent: We may share your information with third parties with your consent or at your direction.

• Aggregated and Anonymized Information: We may share aggregated and anonymized information that does not identify you personally with third parties for various purposes, such as analytics, research, or marketing.

17.5 Data Retention

We retain your information for as long as necessary to provide you with our Services, to fulfill the purposes outlined in this Privacy Policy, and to comply with our legal obligations. The specific retention period will vary depending on the type of information and the purpose for which it was collected. We may retain and use aggregated and anonymized information indefinitely.

17.6 Security Measures

We take reasonable measures to protect your information from unauthorized access, use, or disclosure. These measures include:

• Encryption: We use encryption technologies to protect your sensitive information during transmission and storage.

• Access Controls: We implement access controls to restrict access to your information to authorized personnel only.

• Firewalls: We use firewalls to protect our systems from unauthorized access.

• Regular Security Assessments: We conduct regular security assessments to identify and address potential vulnerabilities.

• Employee Training: We provide our employees with regular training on data privacy and security best practices.

17.7 Your Rights

You have the following rights regarding your information:

• Access: You have the right to access the information we hold about you. You can request a copy of your personal information by contacting us.

• Correction: You have the right to correct any inaccurate or incomplete information we hold about you.

• Deletion: You have the right to request that we delete your information. We will comply with your request unless we have a legal obligation to retain the information.

• Objection: You have the right to object to the processing of your information for certain purposes, such as direct marketing.

• Restriction: You have the right to restrict the processing of your information under certain circumstances.

• Data Portability: You have the right to receive your information in a structured, commonly used, and machine-readable format and to transmit that information to another controller.

• Withdraw Consent: If we are processing your information based on your consent, you have the right to withdraw your consent at any time.

To exercise your rights, please contact us using the contact information provided below. We will respond to your request within a reasonable timeframe and in accordance with applicable law.

17.8 International Data Transfers

Your information may be transferred to and processed in countries other than your own. These countries may have data protection laws that are different from the laws of your country. We will take appropriate safeguards to ensure that your information remains protected during international transfers, including by relying on standard contractual clauses or other approved transfer mechanisms.

17.9 Children’s Privacy

Our Services are not intended for children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us, and we will take steps to delete the information.

17.10 Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the updated policy on our website or through other appropriate communication channels. Your continued use of our Services after the changes have been implemented constitutes your acceptance of the updated Privacy Policy.

17.11 Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy, please contact us at:

RingTrio, LLC

[email protected]

Part 2: Terms of Service for RingTrio Certification Courses

1. Acceptance of Terms

This part of the agreement governs your use of RingTrio’s certification courses. By accessing or using the Courses, you agree to be bound by the terms and conditions outlined in this Part 2 of the Agreement. If you do not agree with these terms and conditions, you are prohibited from accessing or using the Courses.

2. Description of Courses

RingTrio provides certification courses designed to educate individuals on how to effectively use the RingTrio Software, including best practices. The specific content and structure of these Courses are detailed on our website at RingTrio and in our course materials.

3. Use of Courses

• 3.1 License: RingTrio grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Courses. This license is for your personal educational purposes only.

• 3.2 Restrictions: You are prohibited from sharing your login credentials, reproducing or distributing course materials, using the Courses for commercial purposes without explicit written consent from RingTrio, or attempting to bypass any security measures or access controls related to the Courses.

4. Disclaimer Regarding Advice

• 4.1 No Legal Advice: RingTrio, LLC explicitly states that it does not provide legal advice. The information presented in the Courses is for educational purposes only and should not be considered a substitute for consulting with a qualified legal professional. You are responsible for seeking independent legal counsel for advice related to your specific legal situation.

• 4.2 No Medical Advice: RingTrio, LLC explicitly states that it does not provide medical advice. The information presented in the Courses is for educational purposes only and should not be considered a substitute for consulting with a qualified healthcare professional. You are responsible for seeking independent medical advice for any health-related concerns.

5. Educational Purposes Only

The Courses are designed solely for educational purposes. RingTrio makes no claims or guarantees about the suitability of the Courses for any specific purpose or the achievement of any particular outcome.

6. AI in Course Creation

RingTrio may utilize artificial intelligence (AI) technologies in the creation or guidance of course content. While we strive for accuracy and quality, errors may occur. RingTrio shall not be liable for any errors or omissions in the course materials, or any consequences that may arise from such errors.

7. Limitation of Liability

To the maximum extent permitted by law, RingTrio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, data, use, goodwill, or other intangible losses, arising from your access to, use of, or inability to access or use the Courses. This applies even if RingTrio has been advised of the possibility of such damages. RingTrio’s total liability to you for all claims related to this Agreement or your use of the Courses is limited to the amount you paid to RingTrio for the Courses.

8. Indemnification

You agree to indemnify, defend, and hold harmless RingTrio, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Courses, your violation of this Agreement, or your violation of any rights of another.

9. Termination

• 9.1 Termination by RingTrio: RingTrio may terminate this Agreement and your access to the Courses at any time, for any reason, with or without notice.

• 9.2 Termination by You: You may terminate this Agreement by discontinuing your use of the Courses.

• 9.3 Effect of Termination: Upon termination of this Agreement, your right to access and use the Courses will be immediately revoked, and you will not be entitled to any refunds for fees paid.

10. Modifications to Courses and Agreement

RingTrio reserves the right to modify, suspend, or discontinue the Courses, in whole or in part, at any time, with or without notice. RingTrio may also modify this Agreement at any time by posting the revised Agreement on our website. Your continued use of the Courses after the posting of any changes constitutes your acceptance of those changes.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

12. Entire Agreement

This Agreement constitutes the entire agreement between you and RingTrio concerning the Courses, superseding any and all prior or contemporaneous communications and proposals, whether oral or written.

13. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

14. Waiver

No waiver by RingTrio of any term or condition in this Agreement shall be considered a further or continuing waiver of that term or condition, or a waiver of any other term or condition.

By using the Software and/or the Courses, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.