Terms of Service
Updated September 1, 2016
These terms of service (the "Agreement") governs your use of the Mast Mobile application, software, website, products and services (together, the "Service").
By clicking "I Agree", downloading the App or using the Service, you agree to this Agreement. If you represent a legal entity, you represent that you have the authority to bind that organization or company ("Company").
"Mast", "we", "us" and "our" refers to Mast Mobile, Inc. "You", "your" or "user" refers to any end user of the Service. If you're entering into this Agreement on behalf of a Company, references to "you" and "your" refer to the Company. "Administrator" refers to each person who manages your Company's account with Mast.
Mast provides a software and communications service that supports a work number for business or other use ("Work Number") and integration with sales CRM and other third-party business platforms to improve your productivity and support the way your work and live today.
The Mast Service may be used with any compatible smartphone using the iOS (Apple) or Android mobile operating system ("Device"). Mast also provides service on a softphone for use on a laptop computer. You can use the Mast Service to manage calls on your existing mobile phone number with the Mast app and dialer, but Mast does not provide Devices or mobile commercial radio service, so you'll need a compatible Device and mobile service from a mobile network operator. Mast works with both personal Devices and mobile plans, regardless of whether the Company reimburses employees for mobile service, and corporate-liable Devices and plans that the Company provides to its employees.
1.0 TERM AND TERMINATION
1.1 Term. The Agreement begins on the day you, or the Administrator on your behalf, activates Service for continues for on a monthly or annual basis unless terminated as described below.
1.2 Termination. Within 14 days of activating Service, you may terminate this Agreement for any reason but must pay Mast for all fees, charges, and other amounts incurred and owed. There are no refunds.
Mast may terminate this Agreement with 30 days' notice as of the end of the term of Service. Mast may also interrupt, suspend or cancel Service to any User and terminate this Agreement without advance notice for any reason including, but not limited to, the following:
- Any conduct that we believe violates this Agreement;
- Any conduct that involves the use of abusive, derogatory, insulting, threatening, vulgar or similarly unreasonable language or behavior directed at any of our employees or representatives whether it be in person, over the phone, or in writing;
- Any use of our Service or that negatively affects other customers;
- Any use of our Service for an unlawful or fraudulent purpose, including sending spam, compromising security or violating privacy;
- Any resale of our Service;
- Any failure to make payments when due; or
- Any deterioration of your credit, inaccurate credit information, or increase in risk of non-payment.
2.0 SOFTWARE LICENSE
2.1 Software License to Mast Service. Mast grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-resellable license and right to use the Services and in strict accordance with these Terms ("License"). All rights not expressly granted under this Agreement are retained by Mast.
The License fee is billed either monthly or annually in advance.
*2.2 Software License to Sales Productivity Integration. * Mast provides integrations with certain CRM software packages. There is a separate License and fee for each user with access to the Sales Productivity Integration. The License fee for the Sales Productivity Integration is billed monthly or annually in advance. Mast makes no representations or warranties regarding the use of any software provided by any third party.
*2.3 Software License to Compliance Module. * Mast provides a compliance solution to support regulatory obligations. There is a separate License and fee for each user. The License fee for the Sales Productivity Integration is billed annually in advance.
2.4 Limited Scope of License and Ownership. The software, website, interfaces, documentation, data and content may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software provided subsequently by Mast is licensed, not sold, by Mast for use only with the Service, including integrations with third-party software that you or your Company licenses separately. Each user requires a License and must comply with its intended purposes as determined by Mast, applicable laws and the Acceptable Use Policy.
The Mast software contains proprietary content and information owned by Mast. You are not permitted to use the Mast software in any manner not authorized by this License. You may not (and agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Mast software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the software or any portion thereof. You may not use any intellectual property rights contained in the Service to develop a competitive service. If you are interested in reselling Mast service, please contact email@example.com.
Mast reserves the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the software at any time without notice and will have no liability for doing so.
3.0 ACCOUNTS AND BILLING
3.1 Accounts. Each user, or the Administrator on behalf of each user, must purchase a License. Mast will bill you or the Company, as applicable, for each License monthly in advance. All accounts activated by an Administrator will have the same billing date. Mast also provides international calling on the Work number and will bill the Company in arrears for international calling. Mast may change the terms and pricing of Service from time to time.
3.2 Charges. You or your Company, as applicable, will receive an email each month when the bill is available. You will not receive a paper bill but may print a copy from the email or website. Mast charges for the following items.
- License for each user.
- Any international long distance calls and text from the Work number from the prior month.
- Taxes, surcharges and governmental fees.
To determine the primary place of use and the jurisdiction for taxation for Company accounts, we use the Company's business address.
To dispute any charge, notify us at [firstname.lastname@example.org](mailto:email@example.com).
3.3 Determination of Charges. Prices for Services are specified on our website. The License for each User is billed monthly or annually in advance. All accounts activated by an Administrator have the same billing date, and a prorated portion of the monthly fee for new accounts are billed in arrears on the next billing date together with the monthly fee for that account billed in advance. There are no refunds for Licenses, but a Company can allocate a License to another User.
Additional charges apply for international calls and texts from the Work number, premium messages and content. Billing for international calls may be delayed and may appear in a succeeding billing cycle. Messages from your work number over 300 KBs are billed an additional fee for each full or partial 300 KB of data. For a complete list of countries, visit [www.mast.com/intlsms](http://www.mast.com/intlsms).
Mast may charge a late payment fee of 1% of the amount overdue for any period. We may change any terms, conditions, rates, plans and charges at any time. Software update requests and notifications can increase data use.
3.4 Taxes, Surcharges and Fees. Mast imposes the following other charges on each line: (1) federal and state universal service charges, and (2) a Regulatory Recovery Charge of up to $2.00 to help defray its cost incurred in complying with obligations and charges imposed by state and federal telecom regulations, and (3) other government assessments. These fees are not taxes or government-required charges.State and Federal Universal Service Fees and other governmentally imposed fees may be increased based upon the government's or our calculations.
3.5 Discounts. From time to time in its sole discretion, we may offer promotions or discounts. Any promotion or discount codes must be provided to us upon purchase of the Services. You will not be entitled to a subsequent credit for such promotions or discounts if you do not request such credit at the time of account creation or change of service. If a discount is offered on a confidential basis, you agree not to disclose the discount.
3.6 Registration Information. You must provide accurate personal and business information, including billing address and primary place of use, to activate your account, and you must update it. We may terminate Service if we believe that the information is incorrect. You are solely liable for any use on your account. Notify us of any unauthorized use.
3.7 Access to Account. You authorize Mast to provide information about and to make changes to your account at your or your Administrator's direction.
3.8 Customer Representations. You represent and warrant that you possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that You have made and will maintain at all times wireless or traditional wireline telephone service that will enable You to call 911 and any other applicable emergency service number. You represent and warrant that You will not use the Services in environments requiring fail-safe performance or in which the failure of the Services could lead directly to death, personal injury, or severe physical or environment damage. You represent and warrant that the registration data, user name, contact information, location(s), and all other information provided in connection with your account are true and correct at all times. You represent and warrant that you will not use the Services in violation of the Acceptable Use Policy herein. You agree to be financially responsible for Your use of the Services, including the authorized or unauthorized use of account. To use the Services, you must have a wireless account and, if you use a laptop softphone, the use of the properly configured and working Internet service and/or Public Switched Telephone Network ("PSTN") service (i.e., mobile and/or landline phone service) from a third party.
4.0 VOICE SERVICES
4.1 Phone Numbers. Work phone numbers that you port to Mast Service, or that Mast assigns, are your property. Business phone numbers that a Company ports to Mast Service, or that Mast assigns and ports to the Company for work numbers, are the property of the Company. If an employee leaves the Company, the Company retains the employee's work number.
4.2 Charges. Mast does not charge for domestic calls. International rates apply for calls made and messages sent using the Work number from the U.S., Puerto Rico and U.S.V.I. to another country. Calling or messaging to some countries may not be available. Calls to wireless numbers and numbers for special services may cost more than calls to wireline numbers. If an employee calls an international wireline number and the call is forwarded to a wireless number, Mast will charge for a call terminated to a wireless number. International long distance calls from the Work number are charged per minute and billed in arrears in full-minute increments, and actual usage is rounded up to the next full-minute increment at the end of each call. Calls begin when a user presses Call and for incoming calls when a signal connection from the caller is established. Calls end when our network disconnects the call signal.
All outgoing calls, including ring time, incur a minimum of one-minute airtime charge once answered by the called party, voicemail or private branch exchanges. Calls may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use and ring time.
Prices do not include taxes, directory assistance, roaming, Universal Service Fees, and other surcharges. Included long distance calls can be made from the 50 United States, Puerto Rico and U.S. Virgin Islands to the 50 United States and Puerto Rico. Unlimited voice Service is provided for reasonably uninterrupted live dialog between two individuals. If your use of conference calling or call forwarding exceeds 750 minutes per month, Mast may terminate the Service or charge a fee.
4.3 International Calls. To make international calls and texts using the Services, you must enable international calling and have a prepaid balance. When making an international call or text, you must ensure that you have a sufficient balance or your call may be terminated or your text not delivered. Rates are available at https://app.mastmobile.com/app#/help/rates. You will be charged applicable Taxes and Fees. Your prepaid balance has no monetary value and cannot be exchanged for the cash value or refunded at any time.
4.4 Number Porting. Mast will use reasonable efforts to facilitate number transfers or port requests for you, provided that you comply with the necessary and specific procedures for porting between service providers. Number porting depends on the cooperation of third parties outside of our control. Accordingly, you agree that we will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party. We work with third party carriers that port telephone numbers in accordance with applicable rules on our behalf. The third-party carriers require specific information and requirements when completing a port request. You will be required to provide this information to complete a port request. For porting numbers into your Mast account, follow the procedures on your account settings page. For porting numbers out of your Mast account, follow the procedures of your new service provider. You understand that porting your number out of your Account does not automatically terminate Your Mast account. Mast cannot guarantee requested telephone numbers will be available, that your existing provider will port your number, or that circumstances beyond Mast's control will not prevent or delay a successful port of your number for the Services. You should not order any business cards or stationery showing a telephone number until that telephone number becomes active on your account.
4.5 Call Recording. Certain Services provide a function that allows Users to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, you are required to obtain consent from all parties to a record a conversation. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. Mast expressly disclaims all liability with respect to recording of telephone conversations. You agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify Mast from and against any damages or liabilities of any kind related to the recording of any telephone conversations using the Services.
4.6 Transcription Limitations. Mast allows voicemails to be converted to text and allows you to dictate notes regarding calls. You understand and agree that voice-to-text ("VTT") and text-to-voice ("TTV") features may not accurately transcribe voicemails or articulate text messages, respectively. You are solely responsible for checking the original message and verifying the accuracy of the message when using any and all VTT or TTV features. Mast has no liability for any inaccuracies in VTT or TTV services.
4.7 Emergency Calling. YOU SHOULD MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS, SUCH AS USING A WIRELINE OR CELLULAR TELEPHONE. THE MAST MOBILE APPLICATION USES CELLULAR TELEPHONE SERVICE TO MAKE 911 CALLS, AND 911 CALLS ARE CONNECTED BY YOUR MOBILE CARRIER. IF YOU DO NOT HAVE ACTIVE MOBILE PLAN OR COVERAGE, YOU WILL NOT BE ABLE TO CALL 911. THE MAST LAPTOP SOFTPHONE SHOULD NOT BE USED FOR EMERGENCY CALLS.
5.0 MOBILE APPLICATIONS AND CONTENT
Devices can be used to acquire or purchase goods, data, content, and services like enterprise productivity tools, games, applications and news alerts from Mast or other companies ("Content").
MAST IS NOT A PUBLISHER OF THIRD-PARTY CONTENT AND IS NOT RESPONSIBLE FOR ANY INFORMATION, SERVICES OR GOODS PROVIDED TO OR BY THIRD PARTIES.
Any information that you involuntarily or voluntarily provides to third parties is governed by their policies or terms. Mast is not liable for any loss or injury arising out of the use of Content accessed through the Service.
6.0 LIMITATIONS OF LIABILITY
Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers at our sole discretion.
Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions.
AIRTIME AND OTHER CHARGES APPLY TO ALL INTERNATIONAL CALLS USING THE WORK NUMBER, INCLUDING INVOLUNTARILY TERMINATED CALLS. MAST MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE, AND IN NO EVENT SHALL MAST BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY:
(a) act or omission of a third party;
(b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services provided by or through us;
(c) damage or injury caused by the use of Services, Content or Device, including use in a vehicle;
(d) claims against you by third parties;
(e) damage or injury caused by a suspension or termination of Services; or
(f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
THE MAST SOFTPHONE SHOULD NOT BE USED TO MAKE EMERGENCY CALLS. EMERGENCY CALLS ON YOUR MOBILE PHONE ARE HANDLED BY YOUR MOBILE NETWORK OPERATOR.
If Service is interrupted for 24 or more continuous hours by a cause within our control, Mast will issue upon request a credit equal to a pro-rata adjustment of the monthly charge for the time period Service was unavailable. Our liability for Service failures is limited solely to the credit set forth above.
Unless prohibited by law, Mast is not liable for any indirect, special, punitive, incidental or consequential losses or damages that you, your Company or its employees suffer by use of, or inability to use, the Services, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you release, indemnify, and hold Mast and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Mast or any person's use thereof (including, but not limited to, vehicular damage and personal injury), including claims arising in whole or in part from the alleged negligence of Mast, or any violation of this Agreement by you or your Company. This obligation shall survive termination of this Agreement.
7.0 ACCEPTABLE USE POLICY
7.1 Illegal or Harmful Use. You may access and use our Services only for lawful purposes. You are responsible for any transmission you send, receive, post, access or store, including the content of any communication. Transmitting, distributing or storing any material that violates any applicable law is prohibited. The following list includes certain kinds of conduct that is prohibited:
7.1.1 Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution, or posting of pictures, logos, software, articles, musical works or videos.
7.1.2 Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive or otherwise objectionable. You may not access or use our Website or Services in any manner for the transmission or dissemination of images containing child pornography.
7.1.3 Excessive Use: Consuming a disproportionate amount of available resources may disrupt or degrade the Services. Excessive use is determined by resource consumption relative to that of a typical individual User and not by the use of any particular application, and it may change based on overall usage from time to time.
7.1.4 Export Laws: Violations of export laws, regulations and rules, including the Export Administration Act and the Export Administration Regulations administered by the U.S. Department of Commerce.
7.1.5 Fraudulent Conduct: (1) Conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions; and (3) individual or business representation as an authorized third party agent for a business entity without the business' prior consent.
7.1.6 Falsification/Impersonation: Using the Services to impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, or other means of deceptive addressing.
7.1.7 Failure to Abide by Third-Party Network or Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database or website that you access.
7.1.8 Harmful Content: Disseminating or posting content that is harmful, including viruses, Trojan horses, worms, time bombs, zombies, cancel-bots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
7.2 Electronic Communications. You may not distribute, publish, or send: (1) any spam, including any unsolicited advertisements, solicitations, commercial e-mail messages, informational announcements or promotional messages; (2) chain mail; (3) numerous copies of the same or similar messages; (4) empty messages; (5) messages that contain no substantive content; (6) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (7) any phishing message.
You may not: (1) participate in spidering, harvesting, or any other unauthorized collection of email addresses, screen names, or other identifiers of others or participate in using software designed to facilitate such activity; (2) collect responses from unsolicited messages; or (3) use any of our mail servers or another site's mail server to relay mail without the permission of the account holder or site.
7.3 Security and Integrity. You may not violate the security of our Services in any way. Violations may result in criminal or civil liability. We may, but are not obligated to, investigate any violation, and we will cooperate with law enforcement where criminal or unauthorized activity is suspected. By using our Services or sending, receiving, posting, accessing, or storing any electronic transmission via our Services, you agree to cooperate in any such investigation. Examples of security violations include:
7.3.1. Hacking: Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
7.3.2. Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
7.3.3. Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
7.3.4. Falsification of Origin or Routing Information: Using, selling, or distributing any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address or other identifier.
7.3.5. Avoiding System Restrictions: Using manual or electronic means to avoid any limitations we establish or attempting to gain unauthorized access to, alter, or destroy any information that relates to any customer. We may take any action it deems necessary to (1) protect our Services, rights, or the rights of our customers, or (2) optimize or improve our Services, services, systems, and equipment.
7.4 Enforcement. We may enforce this policy through active investigation, litigation and prosecution. We reserve the right to act immediately and without notice to restrict, suspend or terminate your use of the Services if we determine that your conduct may: (1) expose us to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of our Services or connected networks; (3) interfere with another user; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to us or our users.
We have the right, but not the obligation, to monitor or restrict any use that we reasonably believe violates this Agreement. You are solely responsible for all content that you transmit or receive, and you are responsible for abuse of your account by others. Companies are responsible for their employees' use of the Services.
We may also access and disclose any information (including transactional information) related to your access and use of our Services for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law; (3) protecting our rights or property and those of our users; or (4) protecting our users and partners from fraudulent, abusive, or unlawful use of or subscription to such services. INDIRECT, ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A USER OR COMPANY CONSTITUTE BREACHES OF THIS AGREEMENT.
Any failure to insist upon or enforce performance of any provision of this use policy will not be construed as a waiver of any provision or right. If any provision of this policy is deemed void, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
If you want to report any violations of this Policy, please email us at firstname.lastname@example.org.
8.0 INTELLECTUAL PROPERTY
You must respect the intellectual property rights of Mast, its third-party content providers, and any other owner of intellectual property whose protected property may appear on any website controlled by Mast or accessed through the Mast website. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner. All other marks contained herein are the property of their respective owners. Mast may use the Company logo on its website and marketing materials to indicate that it is a client.
© 2016 Mast Mobile, Inc. All rights reserved. Mast logo and all other marks contained herein are trademarks of Mast Mobile, Inc. iPhone is a trademark of Apple Inc. Android is a trademark of Google Inc.
9.1 Dispute Resolution. Most concerns can be resolved by contacting Mast at 855-987-5432 or email@example.com. In the event that Mast is unable to resolve a complaint, the Company must send Mast a written Notice of Dispute ("Notice") addressed to: Complaints, Mast Mobile, Inc., 335 Madison Avenue, 16th Floor, New York NY 10017 ("Notice Address"). The Notice must describe (a) the basis of the claim; and (b) the specific relief sought ("Demand").
9.2 Law and Venue. If Mast and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, the Company and May may only commence an action in the state or federal courts located in New York County, New York. The law of the State of New York shall govern this Agreement without regard to its conflict of law principles.
9.3 No Class Actions. The Company may only resolve disputes with Mast on an individual basis and will not bring a claim in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
10.0 OTHER TERMS
10.1 Publicity Rights. You agree that Mast may identify you as a user of the Services on its website, press releases and marketing materials. You grant Mast and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
10.2 Severability. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect.
10.3 Assignment. The Company may not assign this Agreement without the prior written consent of Mast. Mast may assign this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice.