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Ruby Terms

These additional service terms (“Ruby Terms”) govern your use of the Ruby Receptionists Services (“Ruby Services”) provided by Ruby Receptionists, Inc. (“Ruby”), which you’ve purchased in conjunction with your purchase of Grasshopper services, which together are described as the “Service(s)” within GoTo’s Terms of Service. These Ruby Terms are incorporated into GoTo’s Terms of Service (“Terms of Service”). The parties agree as follows:

  1. License & Use. To the extent that Ruby makes available to you any software in connection with the Ruby Services, you understand and agree that (i) you have a revocable, non-transferable, non-exclusive license to access and use such software and its contents in connection with the Ruby Services only as permitted by Ruby’s Terms of Use and the Terms of Service and (ii) such software is licensed, not sold, to you and title to and ownership of the software, including without limitation all intellectual property rights pertaining thereto, remains with Ruby. Additionally, you may only use Ruby’s website and mobile application(s) to use the Ruby Services as intended by the functionality on such website and mobile application(s) and solely for the purpose of accessing the Ruby Services you’ve purchased. The permissions described herein will terminate automatically if you breach any of these Terms.

  2. Receptionist Minutes. Ruby measures your usage of Receptionist Services using the concept of Receptionist Minutes. Receptionist Services packages include a specified number of base usage Receptionist Minutes for a fixed fee, and if your usage exceeds the base usage, you are charged overage fees. In all cases, Receptionist Minutes are calculated and billed in 30-second increments and calls are rounded up to the next 30-second mark. As an example, if a call is ten seconds long, it will be billed as 30 seconds (or half of one Receptionist Minute).

    For inbound calls, Receptionist Minutes are calculated starting from the time the Receptionist receives the call and ending when a Receptionist transfers the call through to someone, or to voicemail, or otherwise disconnects because the call is over. Ruby includes hold time and excludes talk time once a call is transferred to you or your voicemail box.

    For outbound calls, Receptionist Minutes are calculated by counting the time an Outbound Call Specialist is on the call, as well as the time they spend sending a follow-up email to notify you of the outcome of the call. You are responsible for monitoring Receptionist Minutes usage on your account.

  3. Telephone Numbers. Ruby will assign you a forwarding telephone number. If you discontinue use of Ruby Services, Ruby will allow you to port-away the telephone number associated with your use of Ruby Services provided your account is in good standing and the forwarding telephone number was assigned to you more than twenty-one days prior to the port-away date. Ruby reserves the right to release or reassign any telephone numbers not ported back within three months after termination of the applicable subscription.

  4. Service Data. We and Ruby may collect technical, non-personally identifying information in order to support the provision and operation of the Ruby Services. For example, we and Ruby may collect usage and log data about how the Ruby Services are accessed and used, including information about the device you are using the Ruby Services on, IP addresses, location information, language settings, what operating system you are using, unique device identifiers and other diagnostic data to help us support the Ruby Services as well as usage data such as usage volumes, scheduling, call volumes, etc. Any personal information collected by Ruby from your use of the Ruby Services will also be subject to Ruby’s Privacy Notice. We and Ruby may also aggregate or anonymize such information and use it to compile statistical and performance information related to the provision and operation of the Ruby Services. Any aggregated or anonymized information will not contain or link to any personally identifiable information you submit within the Ruby Services.

  5. Contacting You. Unless prohibited by applicable law, Ruby may contact you at the telephone number or email address you provide for customer services purposes, including to respond to your inquiries, assist with troubleshooting and IT-related issues, request your participation in a user survey, or return your calls to Ruby. Ruby may also contact you for promotional purposes or to discuss new and existing products and services with you in accordance with your communication preferences.

  6. Texting Consent. By providing us or Ruby with your wireless phone number, you consent to us or Ruby sending you informational text messages related to the Ruby Services, or information you have requested from us. If you activate a software feature that allows us or Ruby to send you text messages, per your request, we or Ruby may contact you via text to test the system, for demonstration purposes, or to troubleshoot. The number of texts that we or Ruby send to you will be based on your circumstances and requests. If you contact us or Ruby via text, you may receive a response to your inquiry by reply text. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.

  7. Service Access. Ruby will use commercially reasonable efforts to maintain availability of the Ruby Services during your service times. You agree and understand that there will be times when the Ruby Services will be unavailable, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or other Customers or callers; and causes beyond Ruby’s reasonable control. Ruby will make commercially reasonable efforts to notify you of planned downtime and unavailability of the Services. Neither we nor Ruby is liable for any delays, interruptions, or other transmission errors resulting from any lack of Ruby Services, whether or not the cause is mentioned in this paragraph, or any lack of Ruby Services caused by your device or your internet or wireless service provider.

  8. Reservation of Rights. Notwithstanding anything to the contrary herein, Ruby reserves the right to immediately terminate your use of the Ruby Services or refuse to provide the Ruby Services in its sole discretion if: (i) Ruby suspects that a request from you or your client, customer or caller interacting with Ruby by telephone, a software feature, or any other means (in each case, a “Caller”) constitutes or otherwise relates to fraudulent or otherwise illegal activity or to a sexual or otherwise potentially illicit encounter, (ii) you or your Callers are abusive, disrespectful, or otherwise inappropriate to Ruby personnel, (iii) Ruby determines, in its sole discretion, that Ruby Services are not appropriate for your business or purposes, or (iv) you breach any of these Terms or, to the extent applicable, Ruby’s Terms of Use.

  9. No Warranty; Limited Liability. YOUR USE OF THE RUBY SERVICES IS AT YOUR OWN RISK. RUBY MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RUBY SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER WE NOR RUBY WARRANT THAT THE RUBY SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY RUBY SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY RUBY REFLECTING THE CREATION OF SUCH WARRANTY. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR RUBY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY – WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AGENCY, WARRANTY, STATUTE, OR OTHERWISE – FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OR LOSSES, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND ASSOCIATED WITH THE RUBY SERVICES, HOWEVER ARISING, EVEN IF WE OR RUBY KNEW OR SHOULD HAVE KNOWN THAT THERE WAS A POSSIBILITY OF SUCH LOSSES OR DAMAGES.

  10. Third Party Beneficiary. You agree that Ruby is a third-party beneficiary under the Terms of Service with the right to enforce them directly against you, specifically with respect to the Ruby Services.

  11. Assignment. Notwithstanding anything to the contrary in the Terms of Service, you may not assign or transfer any of your rights to use or access the Ruby Services to any third party without our express written consent.