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

Last Modified: June 24, 2015

Thank you for using the products provided by Sococo. These terms of service (the “Terms“) govern your access to and use of Sococo, Inc. (“we” or “our“) websites and services (the “Services“), including our Sococo and Postwire services, so please carefully read them before using the Services.

By using the Services you agree to be bound by these Terms.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Sococo, you register for use of the Services (if applicable), and are not barred under any applicable laws from entering into a contract or registering. 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 content from our Services at our discretion.

When registering, 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about yourself, including a verified email address, and promptly update this information if it changes or is no longer current, accurate and complete. 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. All such members must also agree to be bound by the terms of this Agreement before activating their accounts. You may not register for an account if your Service privileges were previously terminated by Sococo.

Your Materials & Your Privacy

By using our Services you provide us with information, videos, images, files, and folders that you submit to Sococo (the “Materials”). You retain full ownership to the Materials. We don’t claim any ownership to any of it. These Terms do not grant us any rights to the Materials or intellectual property except you grant Sococo and our subsidiaries, affiliates, and agents a worldwide, non-exclusive, royalty-free right during your subscription to the Service to use, copy, reproduce, transmit, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that Materials solely for the purpose of making the Materials available via the Service to your users. Further, you provide the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with the Materials, for example, hosting your files, or sharing them at your direction. You give us the permissions we need to do those things solely to provide the Services.

Except as provided in our Privacy Policy and in our Business Associate Terms, if applicable to the Postwire service, we won’t share your content or Personal Health Information with others, unless you direct us to. Our collection and use of your information is also explained in our Privacy Policy and our Business Associate Terms. We protect your Personal Health Information in compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations and as set forth in our Business Associate Terms. By agreeing to these Terms, you agree to the terms and conditions of our Privacy Policy and, to the extent that you share Personal Health Information with us, you agree to the terms and conditions of our Business Associate Terms.

You are solely responsible for your conduct, the content of your Materials, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms. As such, you represent and warrant that you own or control all of the rights to the Materials that you post, transmit, or store via the Service that Sococo’s use of your Materials as contemplated hereby will not violate any right of, or cause injury to, any person or entity, and will not otherwise create any harm or liability of any type for Sococo or for any third party.

Sococo has no obligation to monitor you communications through the Services or Materials your post to 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.

Sococo reserves the right to refuse, review, or delete any Materials in our sole discretion . You remain solely responsible for: (i) any errors or omissions in your Materials; (ii) any liability arising out of your Materials or Sococo’s failure to transmit or store your Materials; and (iii) any liability arising out of your use of any content transmitted to you by another user of the Service. Under no circumstances will Sococo or our stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your Materials or by your reliance of any content obtained through the Service.

Sharing The Materials

The Services provide features that allow you to share the Materials with others. There are many things that recipients of your Materials may do with the Material (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share. Sococo has no responsibility for that activity.

Your Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share Materials unless you have the right to do so. You, not Sococo, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not Sococo, are responsible for maintaining and protecting all of the Materials. Sococo will not be liable for any loss or corruption of the Materials, or for any costs or expenses associated with backing up or restoring any of the Materials.

If your contact information, or other information related to your account, changes, please notify us promptly and keep your information current. 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 over 13.

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 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

If you choose, some uses of our Services may require the download of software (“Software”). Sococo hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. 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 and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Sococo trademarks, logos, domain names, or other brand features.

Acceptable Use Policy

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 the Sococo Acceptable Use Policy. By agreeing to these Terms, you agree to comply with the Acceptable Use Policy.

Compliance with Laws

Your use of the Service must be 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 Service that the meeting or event is being recorded; and (c) as regards the Sococo Service, laws relating to the use of 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 Service in your jurisdiction.

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 repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent
Sococo, Inc.
1666 Massachusetts Avenue
Suite P18
Lexington, MA 02420
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 we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Payment

The Service is available on a free, free trial or a paid basis. If you register for a free trial account, 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 those additional terms and conditions are incorporated into this Agreement by reference. Your free trial account will terminate at the earlier of: (i) the end of the applicable free trial period, or (ii) when you upgrade your account to the fee-based version of the Service. If you elect to use the Service on a paid basis, your credit card will be charged the fees set forth on the website for the Service or otherwise agreed by us. We will charge your credit card the same day you initially signed up for the Service in each successive month. 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. Sococo reserves the right to change our fees at any time by providing you prior notice on our Service or otherwise. If you use the Service after we notify you of new fees or change in the fees for an existing feature, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable Service or feature.

You agree to provide Sococo updated information about your credit card when the earlier information 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. Sococo reserves the right to correct any errors or mistakes that we make even if we have already requested or received payment, and to determine whether your credit card is pre-authorized to accept a minimum charge equal to the monthly subscription fee.

You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. 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.

You are responsible for all fees charged by third parties to access the Service (e.g., charges by ISPs).

Terms Specific to the Sococo Service

Automatic Purchases

If you prepay for use of the Sococo Service, such as prepaying a specific dollar amount for access to Sococo Phone, Sococo may, at the time of prepayment, offer you the opportunity to automatically purchase additional amounts once your balance falls below a specified threshold. If you elect such an automatic purchase, your credit card will be charged in accordance with the terms of the offer.

Sococo Phone

The Sococo Phone feature allows trial users and paid subscribers of the Sococo Service to, from within the Service, dial out to any landline or mobile phone in the world using pre-paid credits. Sococo will deduct amounts from your prepaid balance in accordance with Sococo’s published pricing. Sococo Phone credits are used in increments of one minute. Any partial minute of Sococo Phone use will be rounded up to the next full minute. Sococo may change its published pricing for calling on Sococo Phone at any time.

IF YOU ARE A FREE TRIAL USER OF THE SOCOCO SERVICE AND THE TERM OF YOUR TRIAL EXPIRES BEFORE YOU REDEEM THE CREDITS YOU PURCHASED FOR SOCOCO PHONE, YOU WILL BE UNABLE TO ACCESS THOSE CREDITS UNTIL YOU REGISTER FOR A PAID SUBSCRIPTION TO THE SERVICE.

Sococo Phone does not support access to premium phone numbers such as 900 or 976 exchanges. 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 Service does not allow users to make emergency calls to emergency services, including but not limited to 911 dialing. There are important differences between traditional telephone services and the Service. 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 Service, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services; and (c) the Service is not a replacement for your primary telephone service.

Please be aware that your Sococo Phone feature and credits will be available for use by any Sococo account holder who has access to the space in which you have enabled the Sococo Phone feature, unless you specifically disable the feature to members of that space. If you do not want your Sococo Phone credits to be used by others who have access to a space, you must disable their access.

No Emergency Service

The Sococo Service is 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, apart from in very limited circumstances, Sococo does not allow users to make emergency calls to emergency services, including but not limited to 911 or 112 dialing. There are important differences between traditional telephone services and the Service. You acknowledge that: (a) Sococo is not required to offer access to Emergency Services under any applicable local, state, or federal rules, regulations or law; (b) it is your responsibility to purchase, separately from the Service, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services; and (c) the Service is not a replacement for your primary telephone service.

Incompatibility with Other Services

You acknowledge that the Sococo Service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, certain versions of TiVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against Sococo for interference with or disruption of these services and equipment, as well as any claim that Sococo is responsible for any disruption to your business.

Special Provisions Regarding Third Party Software

The client software provided through the Sococo Service contains certain third party software that is covered by different license terms (“Third Party Software”). The notices, license terms, and disclaimers applicable to Third Party Software are available at https://www.sococo.com/third-party-licenses.php (“Third Party Licenses”). This Agreement does not apply to any Third Party Software.

The Sococo Service may enable you to share documents that are created in third party software applications. Sococo exercises no control over these third party software applications, is not responsible for their performance, and does not endorse them. Sococo is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any third party software applications.

Termination

You can stop using our Services any time by contacting customer service by e-mail at either sales@sococo.com or support@sococo.com. We reserve the right to modify, suspend or end the Services at any time, with or without cause, and with or without notice. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If you pay for the Services, you will not receive any refund if you or we terminate your use. If you terminate your paid Services prior to the end of the then current month of your use of the Services, we will not charge you for the next month and you will not have access to the paid Services at any time commencing after the then paid month.

Sococo may suspend or terminate your subscription or your account at any time for any reason or for no reason by providing you with notice in any reasonable manner, including via email and via notices posted on the applicable Service. Your rights under these Terms will terminate automatically if you breach any part of these Terms.

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 Service 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 make copies of such 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 OR 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 RELATING TO THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO SOCOCO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply.

SOCOCO DOES NOT SUPPORT, NOR IS THE SOCOCO SERVICE 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 SOCOCO SERVICE 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 SOCOCO SERVICE, 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 SERVICE 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). Other changes may be posted to our blog or terms page, so please check those pages regularly. 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.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY MASSACHUSETTS LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF MIDDLESEX COUNTY, MASSACHUSETTS, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. 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 each of the Privacy Policy, the Business Associate Terms and the Acceptable Use Policy. These Terms create no third party beneficiary rights. Sococo’ 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 Agreement 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 of any business associated with the Services. Sococo and you are not legal partners or agents; instead, our relationship is that of independent contractors.