Ribbit Mobile Trial Service Terms


1 This Agreement

These Ribbit Mobile Trial Service Terms are in addition to and supplement the Ribbit Terms of Service and End User License Agreement ("ToS") (collectively the "Agreement") and constitute a legal agreement between you ("You", "Your") and Ribbit Corporation ("Ribbit"), for Your use of Ribbit's website (the "Website") and Ribbit Mobile Trial Service (the "Ribbit Mobile Trial Service", or "Ribbit Mobile Trial"). Please read this Agreement carefully. By using the Website or the Ribbit Mobile Trial Service, You signify Your acceptance of this Agreement. You also agree to ensure that anyone who uses the Website or the Ribbit Mobile Trial Service using Your account abides by this Agreement. This Agreement, and any new versions entered into between Ribbit and You, covers use of the Website or one or more of the Ribbit Services. You acknowledge and agree that additional terms and conditions contained on the Website may apply to Your use of certain Ribbit Services and/or the Website. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links designated by Ribbit. If You do not agree to the terms and conditions of this Agreement, do not register for or use Ribbit Mobile Trial Service or the Website.

In the event of a conflict between the terms of the ToS and the terms of these Ribbit Mobile Trial Service Terms, the terms and conditions of these Ribbit Mobile Trial Service Terms shall take precedence over the ToS.

2 Emergency Services (911) calling

You acknowledge and agree that Ribbit does not provide Emergency Services. "Emergency Services" means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements, including 911 or E911. Ribbit Services are not traditional telephone services or replacements for Your primary telephone service. You need to separately purchase, from a service provider other than Ribbit, fixed or wireless telephone services in order to access Emergency Services. In the event that another person uses Your Ribbit account, it is Your responsibility to inform that person that it is not possible to contact Emergency Services using the Ribbit Services.

NEITHER RIBBIT, ITS AFFILIATES AND SUBSIDIARIES NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE USE OF THE RIBBIT SERVICES OR ANY OTHER SERVICE PROVIDED HEREUNDER TO CONTACT EMERGENCY SERVICES OR EMERGENCY SERVICES PERSONNEL. You shall defend, indemnify, and hold harmless Ribbit and its officers, directors, shareholders, employees or agents and any other service provider who furnishes any services to You in connection with the Ribbit Services, from any and all claims, losses, damages, costs and expenses (including, without limitation, attorney's fees) by, or on behalf of, You relating to the absence, failure or outage of the Ribbit Services or any other service provided hereunder, including specifically any claims arising out of the failure of Ribbit or the Ribbit Services to offer Emergency Services.

3 Ribbit Mobile Trial Services

3.1 Ribbit Services

Ribbit Mobile Trial services consist of Ribbit Services described in the Ribbit ToS, as well as additional service elements that simplify, enhance, and extend phone communications including but not limited to converting voicemail messages to text and sending them via email and text message, using Your mobile phone number as the caller ID when making or receiving phone calls from the Web, enabling calls to be routed to multiple phones, providing Web-based calling, sending text messages from the Web, domestic calling, online message storage and management, voicemail box management, and applications that use individual or bundled package of aforementioned service elements.

Ribbit Mobile Trial Service will initially be free of charge. Ribbit will, in its sole and absolute discretion, with notice to You determine the length of the free trial period and reserves the right to charge for all or parts of the service in the future. Ribbit reserves the right to introduce new service features, service elements, or bundled service packages either as part of the current service offering or as separate services using the following services and capabilities as well as others:

Ribbit Messaging - An enhanced voicemail service that gives You multiple options for delivery of, and access to, voicemail messages. You can access Your voicemail in audio format by telephone and the Web and have voicemails sent to You as an attachment to an email. You also subscribe to a Ribbit Mobile Trial Service plan that transcribes voicemails to text automatically or manually via humans and sends them to You by email and text messages.

Ribbit Reach - An enhanced unified messaging system that allows You to receive calls on the device(s) of Your choice. Ribbit Reach is a powerful tool that allows You to aggregate Your calls on one platform and allows You to determine where and when You would like to receive a particular communication.

Ribbit Phone - An enhanced communications service that allows You to place calls from Your computer to other Ribbit Phone users and to any person with a telephone number. Additional enhanced calling capabilities are included as part of Ribbit Phone. Ribbit Phone does not include inbound telephone number service for receiving calls. Ribbit Phone does not include inbound telephone number service for receiving calls. A separate Service called Ribbit Number is available for purchase to enable such inbound telephone number service. Please see Ribbit Number Trial Service Terms for the applicable terms and conditions.

Address Book Management - You can import and manage Your contact list using Your Ribbit Mobile Trial Service account page.

Web-based SMS - You can send text messages with Web-based applications.

Ribbit Mobile Trial Applications - Ribbit may provide applications that enhance and augment the Ribbit Mobile Trial Service.

3.2 Linked Devices

Ribbit reserves the right to adjust the maximum number of allowed devices that are linked to Your account.

3.3 Applications and Widgets

Ribbit Mobile Trial Service may offer additional features and functionality through the use of complementary widgets and applications.

3.4 Service Usage Increments

Voice messages are recorded for up to 3 minutes. Voice messages longer than 3 minutes are truncated at 3 minutes.

Voice-to-text transcriptions are measured in units of 30-second intervals. Each thirty seconds of a voice message is considered a unit. A partial unit (less than 30 seconds) is also considered a unit. The maximum number of transcriptions per voice message is 6 units. You can retrieve and listen to a voice message. If You chose text messaging notification option each 30-second transcription unit may result in one or more text messages depending on the number of characters in the message content and may result in charges to Your mobile phone account by your wireless carrier. Ribbit reserves the right in its sole and absolute discretion to limit the number of notification messages for each account plan.

4 Ribbit Mobile Trial Policies

4.1 Communication

Ribbit may provide email notifications for changes to Your account, transaction status, and account limit alerts, among others. You are required to maintain a valid email address on file for Your Ribbit Mobile Trial account and you agree to receive notices concerning the service by email in addition to other methods of communication.

As a trial user, Your feedback to Ribbit about your experience with the Ribbit Mobile Trial Service is crucial to Ribbit product improvement cycle. As such, Ribbit may seek your valuable feedback through email messages, text messages (or called short messaging service or SMS messages), calls, surveys, or requests for focus group participation. You agree to be contacted by Ribbit or entities acting on behalf of Ribbit to solicit such feedback, and when possible will provide information on your experience with the Ribbit Mobile Trial Service. Ribbit may also send you promotional information and news about Ribbit offerings via email and text messages and by phone at the Ribbit number or the phone number you have provided.

4.2 Fair Use

Your Ribbit Mobile Trial service plan is subject to fair usage limits. Ribbit Mobile Trial Service is for individual use only. Each account is to be used by one person only and is not to be shared with any other user. Call terminations are limited to 2,000 minutes per user per month, with a maximum of 4 hours per day. Also, no more than 50 different numbers in total can be called per day. Transcriptions are limited to 120 units and outbound SMS text messages are limited to 1000 units per month per user.

Once these limits are exceeded Ribbit reserves the right in its sole and absolute discretion to terminate Your service. Ribbit reserves the right to change this fair usage policy at any time by providing notice to You. Your continued use of Your subscription shall constitute Your acceptance to be bound by the terms and conditions of the revised fair usage policy.

4.3 Privacy

Your privacy is very important to us. By accepting this Agreement or by using the Website or the Ribbit Services You accept all terms and conditions of Ribbit's Privacy Policy as published on the Website at http://www.ribbit.com/privacy/ , as may be amended from time to time (the "Privacy Policy"). The terms and conditions of the Privacy Policy are incorporated herein by reference. By using the Website or the Ribbit Services, You consent to have Your personal data collected and processed in accordance with the terms of the Privacy Policy.

4.4 Termination

Ribbit may terminate this Agreement effective immediately at any time, with or without cause, by providing notice to You and/or by preventing Your access to the Website or the Ribbit Services. You may terminate this Agreement effective immediately at any time, by calling Ribbit customer support at +1 800 474-2248. Upon termination of this Agreement, You agree to immediately cease use of the Ribbit Services.

4.5 Changes to the Agreement

Ribbit reserves the right to change the terms of this Agreement at any time by providing notice to You. Your continued use of Your Ribbit services after notice shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.

4.6 Ribbit's Notice Requirements

Ribbit may, in its sole discretion, give notice to You by means of a general notice on its Website, electronic mail to Your e-mail address on record in Your account information, by short messaging service ("SMS").