Terms of Service — Beta Test Agreement

By signing in to PinDial you agree, for yourself and for the organisation you work for, to every term below. If you do not agree, or are not authorised to agree on your organisation's behalf, do not sign in.

This agreement is between PinDial ([legal entity name], a [state] company, "PinDial", "we") and you, the person signing in, together with the organisation on whose behalf you use the service ("you"). It covers your access to and use of the PinDial dialer, agent console, administration pages, recordings, transcripts and related services (the "Service") during its beta period.

1. Who may use the Service

Only people your organisation has authorised, using the sign-in they were given. You are responsible for everyone who signs in under your organisation's accounts, and for keeping sign-in details private. Every sign-in attempt is logged.

2. This is a beta

The Service is provided for testing and evaluation. It is not in final form. It may contain errors, may change or stop without notice, and may produce unexpected results. We do not promise to release a finished version, and you use the beta at your own risk.

3. Your responsibilities

1. Lawful calling. You are solely responsible for every call placed through the Service: the leads you load, the numbers you dial, the hours you dial them, consent to be called, do-not-call obligations, and every federal and state rule that applies to telephone marketing and to Medicare-related marketing, including CMS marketing rules.
2. Beneficiary information. The Service handles personal and health information about the people you call. You will handle it only as the law and your own obligations allow, including HIPAA where it applies, and you will not enter into the Service any information you are not permitted to hold. Data you choose not to store in the Service (such as Social Security or Medicare numbers) is your responsibility to manage elsewhere.
3. Recording. Calls placed through the Service are recorded and may be transcribed and reviewed for compliance. You are responsible for giving any notice and obtaining any consent the law requires before recording.
4. Other services. Where you connect the Service to lead vendors, carriers or other providers, you are responsible for complying with their terms.

4. Licence and restrictions

1. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during the beta, for your organisation's own calling and evaluation, and for nothing else.
2. You will not copy, modify, resell, sublicense or share the Service; reverse engineer it or attempt to reach parts of it you were not given access to; use it to build a competing product; or share what you learn about how it works with anyone outside your organisation.

5. Feedback

We may ask what works and what does not, and you may tell us at any time. Anything you suggest may be used by us freely and without payment or credit, and you keep no rights in it.

6. Ownership

The Service, and everything in it that we made, stays ours. Your leads, your recordings and your beneficiaries' information stay yours; you give us only the rights needed to run the Service for you.

7. Confidentiality

The Service itself, and anything we share with you about it that a reasonable person would treat as confidential, is confidential. You will not disclose it, and will use it only to evaluate and use the Service. This does not cover information that is public through no fault of yours, that you already had, or that you develop independently. A breach may cause us harm that money cannot repair, and we may seek an injunction as well as damages.

8. Term and ending

We may change, suspend or end the Service, or your access to it, at any time, for any reason, with or without notice. You may stop using it at any time. Sections 3, 4(b), 5, 6, 7, 9, 10 and 11 survive.

9. No warranty

The Service is provided "as is" and "as available". We make no warranty of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and no promise that the Service will be uninterrupted, timely, secure or error-free, or that any result, recording, transcript or report it produces is accurate or complete.

10. Limit of liability

To the fullest extent the law allows, we will not be liable to you or anyone else for any indirect, incidental, special, punitive or consequential damages, or for lost data, lost business or lost profits, arising from the Service or this agreement, however caused and even if we were told they were possible. Our total liability under this agreement is limited to one hundred US dollars ($100).

11. General

This agreement is governed by the laws of [state], without regard to its conflict-of-laws rules, and any dispute will be heard only in the state and federal courts of [county, state]. It is the whole agreement between us about the beta and replaces anything said or written before. If a court finds a part unenforceable, the rest stands. You may not transfer this agreement without our written consent; we may transfer it. Our not enforcing a term is not a waiver of it. We may update these terms; a new version will carry a new version number and date, and your next sign-in after that is your agreement to it.