Ringless Voicemail and SMS Messaging Terms of Service

Please read these Terms of Service (the “Terms”) carefully as this is a legal agreement between you, on behalf of yourself and the and the entity that you represent (collectively, “you”, “your” or “yourself”), and PayKickstart, LLC (“PayKickstart”, “we”, our” or “us”). These Terms govern your access to and use of our website (www.paykickstart.com) (the “Site”), and our services, software, applications, technology, and the technical and communications platform(s) we make available on and through the Site or our mobile app (collectively, the “Platform”).

By accessing or using the Site, or otherwise accessing, registering for, or using the Platform, you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not access or use the Site or Platform. Without these Terms, we would not make the Site or the Platform available to you.

No Emergency Calling: Do not use the Platform or any services, including any telephone numbers to which you have access through the Platform, to call emergency services. You must make alternative communications arrangements to make emergency calls. You acknowledge and agree that the services are not a substitute for a traditional telephone and that you will not use the platform or services to make emergency calls using 911 or through other telephone numbers. Your further agree that you will advise any users of the services that the services do not provide emergency calling functionality.

1. Ringless Voicemail and SMS Platform and Services.
   1. Platform. PayKickstart provides services via the Platform that allow you to contact and send messages to your customer base through telephony services, calls, mobile text messaging services, direct-to-voicemail services, and other mobile communication services, as well as tools to manage your contact list, manage automated responses from your customers, and manage your “do not call” lists. We reserve the right to modify, limit the availability, or terminate the Platform, or any portions of the Platform, including any services or features provided through the Platform (such as preview dialers, power dialers, automatic dialers, and predictive dialers) for any reason, at any time, and without liability to you. PAYKICKSTART IS ONLY A PLATFORM TO FACILITATE MESSAGING AND COMMUNICATIONS. YOU HAVE SOLE RESPONSIBILITY AND LIABILITY FOR THE CONTENT AND TRANSMISSION OF YOUR MESSAGES AND COMMUNICATIONS.
   2. Compliant Use of the Platform.(a)The services offered through the Platform are subject to a number of local, state, federal, and foreign laws, regulations, rules, ordinances, directives and orders or various governments and agencies (“Laws”). WE DO NOT PROVIDE LEGAL ADVICE AND WE MAKE NO REPRESENTATIONS ABOUT THE PLATFORM OR ITS ABILITY TO COMPLY WITH THESE LAWS. YOUR USE OF THE PLATFORM DOES NOT ENSURE YOUR COMPLIANCE WITH THESE LAWS.(b)IT IS YOUR RESPONSIBILITY ALONE TO ACCESS AND USE OUR SITE AND PLATFORM AND THE SERVICES AVAILABLE IN ACCORDANCE WITH APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, PALLONE-THUNE TELEPHONE ROBOCALL ABUSE CRIMINAL ENFORCEMENT AND DETERRENCE ACT (TRACED ACT), THE TELEMARKETING SALES RULE (TSR), THE TELEPHONE CONSUMER PROTECTION ACT (TCPA) AND THE CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING (CAN- SPAM) ACT OF 2003. AS FEATURES AND FUNCTIONS OF THE PLATFORM, AND SERVICES AVAILABLE THROUGH THE PLATFORM CHANGE, YOU MUST EVALUATE WHETHER AND HOW YOU CAN USE SUCH FEATURES AND FUNCTIONS, INCLUDING ANY SETTINGS AND ACCOUNT PREFERENCES, TO ENSURE COMPLIANCE WITH LAWS. AS AN EXAMPLE, THE PLATFORM MAY ALLOW YOU TO CALL MULTIPLE LINES SUCH THAT YOU MUST ENSURE THAT YOU DO NOT ASSIGN LINES FROM THE SAME BUSINESS TO SIMULTANEOUS CALLS IN VIOLATION OF LAWS.(c)WE MAKE NO REPRESENTATION ABOUT WHETHER THE PLATFORM IS OR MAY BE CONSIDERED AN “AUTOMATED DIALING SYSTEM” OR WHETHER USING THE PLATFORM IS OR MAY BE CONSIDERED INITIATING OR MAKING A CALL AS CONTEMPLATED BY THE TCPA OR SIMILAR LAWS. YOU SHOULD CONSULT YOUR LEGAL COUNSEL FOR SUCH A DETERMINATION. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL ACTS AND OMISSIONS TAKEN BY OR UNDER YOUR ACCOUNT AND ANY VIOLATIONS OF APPLICABLE LAWS THAT MAY OCCUR IN CONNECTION WITH YOUR ACCOUNT OR USE OF THE SITE OR PLATFORM BY YOU OR YOUR PERSONNEL. YOU REPRESENT AND WARRANT THAT YOU WILL COMPLY AT YOUR EXPENSE WITH ALL LAWS THAT APPLY TO YOU OR YOUR BUSINESS OR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, TRACED ACT, TSR, TCPA, AND CAN-SPAM.(d)PayKickstart maintains a no-tolerance policy toward spam and your use of the Platform to send spam may result in termination of your account and access to the Platform. You acknowledge and agree that you have sole responsibility for obtaining any consents for all phone numbers that you upload and contact through the Platform and for complying with any terms and/or conditions that may govern the consent you received to contact these phone numbers.

If you have any questions about compliance contact our support team who will be happy to assist.