Terms & Conditions  |  Privacy Policy  |  Acceptable Use Policy  |  Business Associate Terms

Last Modified: May 25, 2018

Acceptance of the Terms of Use

Thank you for using the services provided by Sococo, Inc.. These terms of service (the “Terms“) govern your access to and use of Sococo (“we” or “our” or “Sococo”) websites and services (the “Services“), including any content, functionality, and services offered, so please carefully read them before using the Services. By using the Services, you accept to be bound and abide by these Terms and our Privacy Policy, found here, and incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Services.

The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are 13 years of age or older.

Changes to the Terms

You may use the Services only in compliance with these Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check these Terms from time to time so you are aware of any changes, as they bind you for as long as you use the Services.

Changes to the Services
The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any of our content from the Services at our discretion.

Accessing the Website

When registering as a user, you must provide accurate and complete information about yourself, including a verified email address, and promptly update this information if it changes or is no longer current, accurate and complete. A user is a “Registered User” upon completion of the registration process and verification by Sococo of the same. A Registered User who logs into or enters a Sococo Space is referred to as an “Active User.” If you are registering for an account as the account administrator on behalf of your company or organization, you may also create accounts for other users and invite those users to activate these accounts. Upon activation, such users shall be Registered Users of the Services. All Registered Users must also agree to be bound by these Terms before activating their accounts. You may not register for an account if your right to use the Services was previously terminated by Sococo.

Sococo has no obligation to monitor your communications through the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, communications, or any other information you may be able to access or distribute using the Services.

If your contact information, or other information related to your account, changes, please notify us promptly and keep your information current.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms.

Account Security

You are responsible for safeguarding your account information and the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You should immediately notify Sococo of any unauthorized use of your account. You acknowledge that the signup and registration portions of the Service use a secure encrypted connection.

Software and Updates

Some uses of our Services may require the download of software (“Software”). Sococo hereby grants you a limited, nonexclusive, nontransferable, non-sublicenseable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically terminated, without notice, if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.

Sococo Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, their licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only, except as may be otherwise agreed upon by and between You and the Company. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Acceptable Use

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with applicable law and these Terms. Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;

• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;

• Use any device, software, or routine that interferes with the proper working of the Services;

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or

• Otherwise attempt to interfere with the proper working of the Services.

Compliance with Laws

You must use the Services in compliance with all applicable laws and regulations including, but not limited to: (a) with respect to personally identifiable information sent or received by you, all applicable privacy laws and regulations; (b) laws relating to the recording of communications, including, when required, advising all participants in a recorded meeting or event on the Services that the meeting or event is being recorded; and (c) laws relating to the use of voice-over-Internet Protocol-based (“VoIP-based”) services, if applicable. You will refrain from any unethical conduct or any other conduct that tends to damage the reputation of Sococo. It is your sole responsibility to ensure that you have the right to use all features of the Services in your jurisdiction.

User Contributions
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, document sharing, screen shares, video and audio communications,, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, screen share, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the content standards set out in these Terms.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, subject to limits established in these Terms, the Sococo Privacy Policy, and applicable law.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Copyright

Sococo respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate an infringers’ use of the Services. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent
Sococo, Inc.
75 Arlington Street
Suite 500
Boston, Massachusetts 02116
copyright@Sococo.com

Other Content

The Services may contain links to third-party websites or resources. Sococo does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if you use any other software in connection with the Services, such software is subject to the terms and conditions of the license accompanying such software.

Payment

These Terms apply to all Registered Users, regardless of whether such Registered User is using the Services on a free trial or a paid basis. Registered Users may register for a free trial account, and the duration of the free trial period and additional terms and conditions governing the free trial account will be described on the free trial account registration page, and such additional terms and conditions are incorporated into these Terms by reference. Your free trial account will terminate at the earlier of: (i) the end of the applicable free trial period, (ii) when you upgrade your account to a paid account or (iii) upon a breach of these Terms. Active Users shall be subject to the pricing terms as agreed to in the Order Schedule completed by the parties (“Order Schedule”). Each party shall be responsible for and pay any and all applicable federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes) resulting from its performance under these Terms.

You agree to provide Sococo updated information about your credit card or other agreed upon payment method when such criteria is no longer valid or upon Sococo’s request. If Sococo does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Sococo reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies.

You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account details page. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

Sococo Phone and No Emergency Services

The Sococo phone feature (“Sococo Phone”) allows paid subscribers of the Services to, from within the Services, dial out to landlines or mobile phones using subscription-based calling plans. In order to use Sococo Phone, you must subscribe to a calling plan that provides a specified block of minutes per calendar. Subscriptions are billed in advance pursuant to a separate agreement. Sococo will charge usage against the plan on a per-minute per call basis. Any partial minute of Sococo Phone use will be rounded up to the next full minute. Any usage overage will be charged at the rates specified on the Sococo website. Sococo may change its published pricing for calling on a Sococo Phone at any time. Any minutes unused at the end of any term automatically expire and may not be rolled over to the term. Any minutes used in excess of the amount available in the block purchased will be billed at the appropriate overage rate as specified in our pricing.

Sococo Phone provides coverage to the countries and area codes published on the Sococo website, and does not support access to premium phone numbers such as 900 or 976 exchanges. Sococo may change the country and area code calling coverage associated with a calling plan at any time. Sococo Phone is also not intended to support or carry emergency calls of any type, including emergency calls to hospitals, law enforcement agencies, medical care unit or any other kind of emergency service (“Emergency Services”). In particular, the Services do not allow users to make calls to Emergency Services, including, but not limited to, 911 dialing. There are important differences between traditional telephone services and the Sococo Phone and Services. You agree that: (a) Sococo is not required to offer access to Emergency Services under any applicable local, state, and/or federal rules, regulations or law; (b) it is your responsibility to purchase, separately from the Services, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services; and (c) the Services are not a replacement for your primary telephone service.

Please be aware that your Sococo Phone feature and calling plan will be available for use by any authorized Sococo Phone user who has access to the space in which you have enabled the Sococo Phone feature.

Term & Termination

The contract term length for use of the Services is set forth on your Order Schedule for the Services. If you have a paid account with an annual term, such term shall be renewed each year, unless you provide written notice to terminate at least 30 days before the end of the then-current term, or as otherwise agreed upon. If you have a paid account on a monthly plan, such Services shall renew monthly, and may be terminated upon 30 days written notice to Sococo.

You can request deactivation of your account with Sococo at any time by contacting customer service by e-mail at either sales@sococo.com or support@sococo.com. Deactivation does not terminate your payment obligations under these Terms or related Order Schedule.

Sococo may suspend or terminate your subscription or your account at any time by providing you with notice in any reasonable manner, including via email and via notices posted on the Services. Your rights under these Terms will terminate automatically if you breach any part of these Terms and any outstanding payment obligations will become immediately due.

Upon termination, you must destroy or delete all copies of the client Software in your possession. You will remain liable for all obligations related to your account and subscription even after your account or subscription is terminated, whether by you or Sococo. Sococo is not liable for any loss of materials, messages, data, or any other information caused by any closure of your account. Please note that any materials, messages, data or other information you transmit or store on or through the Services during the term of your free trial account may be permanently deleted unless you upgrade your account to the full version before or at the end of the free trial period or you store materials, messages, data or other information on your own systems before the end of the free trial period.

No Warranty

The Services and Software are provided “as is”, at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Sococo will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOCOCO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SOCOCO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THE TERMS MORE THAN THE AMOUNTS PAID BY YOU TO SOCOCO IN THE PRIOR TWELVE MONTHS FOR THE SERVICES IN QUESTION.
SOCOCO DOES NOT SUPPORT, NOR ARE THE SERVICES INTENDED TO SUPPORT OR CARRY, EMERGENCY CALLS TO ANY EMERGENCY SERVICES INCLUDING BUT NOT LIMITED TO 911 DIALING. NEITHER SOCOCO NOR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES MAY BE HELD RESPONSIBLE FOR ANY LIABILITY OR ANY LOSSES, AND YOU, ON BEHALF OF YOURSELF AND ALL PERSONS USING THE SERVICES VIA YOUR SUBSCRIPTION OR ACCOUNT, HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION FOR LOSSES ARISING FROM OR RELATING TO ANY ATTEMPT TO CONTACT EMERGENCY SERVICE PROVIDERS USING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CALLS TO PUBLIC SAFETY ANSWERING POINTS. SOCOCO MAY NOT BE HELD LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR (I) INABILITY TO USE THE SERVICES TO CONTACT EMERGENCY SERVICES, OR (II) FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you (for example via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. If applicable, you also should follow the guidance relative to Services Termination above in these Terms.

Miscellaneous Legal Terms

These Terms and the use of the Services and Software will be governed by Massachusetts law, without giving effect to any choice or conflict of laws provision or rule. All claims arising out of or relating to these Terms or the Services or Software shall be litigated exclusively in the federal or state courts of Middlesex County, Massachusetts, and both parties consent to such venue and personal jurisdiction. These Terms constitute the entire and exclusive agreement between you and Sococo with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms apply to and are incorporated into the Privacy Policy. To the extent of any conflict between these Terms and any terms and conditions in an Order Schedule or Master Services Agreement for the Services, the terms and conditions in the Order Schedule or Master Services Agreement shall govern. These Terms create no third party beneficiary rights. Sococo’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these terms, and any such attempt is void, but Sococo may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest to Sococo. Sococo and you are not legal partners or agents; instead, our relationship is that of independent contractors.