EFFECTIVE DATE: September 12, 2022
This Acceptable Use Policy (“AUP”) is incorporated by reference into your Agreement with BRCK—either the Master Services Agreement executed by and between BRCK and You or the Terms of Services agreed to by You by signing up for any Service (the “Agreement”). This AUP governs your use of the BRCK website, TRNK, SIP Trunking and the self service portal (each a “Service” and collectively, the “Services”).
Fair Use. BRCK is committed to providing first class customer service and value to users of our Services. In order to provide the best pricing, support and Services available to all of our users, we retain the right to impose limits on your usage of the Services or to terminate the Services if we reasonably believe that your usage, including, but not limited to, the total number of calls you make, SMS messages you send, or minutes you use is not consistent with normal, fair, and reasonable use of such Services. Wherever reasonably possible, we will give you written notice before taking any such action, and allow a reasonable period to allow you to modify your use.
Illegal or Inappropriate Behavior. You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with BRCK’s ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages BRCK’s or other customers’ property. If BRCK finds that you are using the Services for anything other than the permitted uses in the Agreement or for any of the prohibited uses in the Agreement, BRCK may at its sole discretion terminate your Service and charge you any applicable fees for the Services used plus damages caused by your improper use. Prohibited uses include, but are not limited to: (1) Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy; (2) Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) (“spamming”) in violation of applicable law or regulation, or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes; (3) Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous; (4) Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services with the intent to defraud, cause harm, or wrongfully obtain anything of value; (5) Using any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface; (6) Using the Services, or permit it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without BRCK’s prior written consent; (7) Using the Services to develop or enhance any software, software code, or any derivative works of any software without BRCK’s prior written consent; (8) Using the Services for the purpose of monitoring the Services’ availability, performance, functionality or for any other benchmarking or competitive purposes; (9) Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services; (10) Utilizing the Services in excess of what, in BRCK’s sole discretion, would be expected of normal business use; and (11) Using the Services in any way that interferes with other customers’ and third parties’ use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
You further understand and agree that your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising). In addition, some of BRCK’s Services are offered on an “unlimited” basis. All unlimited Services may only be used for normal business use and exclude international calling to countries other than Canada. Unlimited Services also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services): forwarding your BRCK number to (an)other phone number(s) capable of handling multiple simultaneous calls; spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail simultaneously); 900 numbers, sports-line numbers, etc.); and auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls). In addition, unusually high usage of the Services may impair BRCK’s ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case, BRCK may suspend or terminate your Account or, upon prior notice. BRCK reserves the right to add to, modify or amend this Acceptable Use Policy at any time for any reason at its sole discretion.
You represent, warrant, and agree that you will not contribute any Content (as that term is defined in the “Content Ownership” section below) or user submission (or otherwise use the Services or interact with the Services in a manner that):
Infringes or violates the intellectual property rights or any other rights of anyone else (including BRCK);
Violates any law or regulation;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your BRCK account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
Uses any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface;
Uses the Services, or permits it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without BRCK’s prior written consent;
Uses the Services to develop or enhance any software, software code, or any derivative works of any software without BRCK’s prior written consent;
Uses the Services as a direct competitor of BRCK or for the purpose of monitoring the Services’ availability, performance, functionality or for any other benchmarking or competitive purposes;
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. BRCK reserves the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and user submissions (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You agree that you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including BRCK’s) rights.
You understand that BRCK owns the Services. You will not (and will not permit any third party to): (a) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services except as expressly permitted by applicable law and then only upon advance written notice to BRCK; or (b) copy, modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
BRCK grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-resellable license and right to use the BRCK Services in strict accordance with the Agreement. All rights not expressly granted under the Agreement are retained by BRCK, including, but not limited to, no grant of intellectual property rights. You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, “IP Rights”) in the Services are and shall remain the sole and exclusive property of BRCK. You will not take any action to jeopardize, limit, or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws.
You agree that your use of the Services and all transmission of communications using the Services shall at all times remain in compliance with applicable law and/or regulations, including but not limited to, the Federal Telephone Consumer Protection Act of 1991. You further agree that at BRCK’s sole option and without further notice, BRCK may use technologies and procedures, such as filters, that may terminate any unsolicited advertisements transmitted in violation of applicable law or regulation without delivering them. BRCK may immediately terminate your right to use the Services without liability of any kind in the event of a breach of this restriction and you hereby release and agree to fully, finally, and forever release, hold harmless, and fully indemnify BRCK from and against any damages or liabilities of any kind related to any voicemail, broadcast, and/or fax spam or solicitations that you may send and/or receive using the Services.
If you transmit or are otherwise connected with any transmission of voice, fax, email, or other unsolicited marketing messages using the Services in violation of applicable law or regulation, you agree to pay BRCK its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay BRCK liquidated damages of ten dollars ($10.00) for each such unsolicited marketing message transmitted through the Services. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Certain BRCK Services provide a function that allows you 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. BRCK expressly disclaims all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify BRCK from and against any damages or liabilities of any kind related to your recording of any telephone conversations using the Services.
Note that the laws applicable to call transcription differ by state, province and country. For some jurisdictions, transcribing recorded calls, recording calls, or even transcribing real-time speech over a call or video is prohibited or requires informed consent by some or all parties to the conversation. We recommend you review the relevant laws of your locality or consult with an attorney regarding your specific circumstances. BRCK expressly disclaims all liability with respect to your transcription of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify BRCK from and against any damages or liabilities of any kind related to your transcription of any telephone conversations using the Services.
Certain BRCK Services may provide a function that allows voicemails and voice notes to be converted to text and vice versa. You understand and agree that BRCK’s 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. BRCK expressly disclaims all liability with respect to the conversion of voicemails to text or vice versa. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify BRCK from and against any damages or liabilities of any kind related to your use of VTT or TTV features when using the Services.
BRCK may provide customer and technical support to you via telephone, chat, forums, FAQ and email for the Services. The types of support provided by BRCK is dependent on the products that you purchased and the number of seats using BRCK in your organization. The types of support provided by BRCK is determined entirely by BRCK in its sole discretion and may change from time to time. BRCK does not make any representations or guarantees that BRCK will be able to fully resolve any issues reported by you. Except as provided in this section, BRCK has no obligation to provide additional customer support, technical support, or to provide solutions (e.g., bug fixes to software) to any issues that may arise in your particular use of the Services. From time to time, BRCK may send you surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant BRCK, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information you provide to BRCK.
BRCK 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. You acknowledge and understand that number porting depends on the cooperation of third parties outside of BRCK’s control. Accordingly, you agree that BRCK 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.
BRCK works with third party carrier(s) who, on BRCK’s behalf, port telephone numbers in accordance with applicable regulatory rules and industry guidelines. BRCK’s third-party carrier(s) require very specific and detailed information and requirements when completing a port request. Please be informed that you will be required to provide such detailed and specific information to complete a port request. For porting numbers into your BRCK account, follow the procedures on your account settings page for transferring a number to your BRCK account. For porting numbers out of your BRCK account, follow the procedures of your new service provider. You understand that porting your number out of your Account does not automatically terminate your BRCK account.
BRCK cannot guarantee requested telephone numbers will be available, that your existing provider will port your number, or that circumstances beyond BRCK’s control will not prevent or delay a successful port of your number for the Services. You should not order any printed material, such as business cards or stationery, showing a telephone number, or issue any press releases or otherwise publicize any telephone number until that telephone number becomes active on your Account. BRCK shall not be liable for reimbursement for press releases, business cards, and/or stationery under any conditions.
You understand and agree that BRCK may from time to time need to change the telephone number assigned to you (due to an area code split or for any other reason). BRCK shall not be liable for any damages (including consequential, special damages or other damages) to you in the event that it needs to assign you a new telephone number.
WE RECOMMEND YOU MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS, SUCH AS USING A TRADITIONAL WIRELINE OR CELLULAR TELEPHONE, AND YOU SHOULD NOT RELY ON BRCK TO CALL 911.
BRCK DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR (OR ANY OF YOUR USERS OR THIRD PARTIES) INABILITY TO MAKE 911 CALLS OR ACCESS EMERGENCY SERVICES.
BRCK VoIP 911 Service (“BRCK 911 Service”) operates differently than traditional 911 service. We are required by the FCC to advise you of the circumstances under which 911 may not be available or may be in some way limited by comparison to traditional 911 service. Such circumstances include, but are not limited to, Internet Connection Failure, Number Flexibility & Porting, and Loss of Electrical Power (as described below):
Internet connection failure. If the connection to the wired broadband internet over which your BRCK Service is provided is interrupted, you would not have access to BRCK Service during that interruption and therefore will not have access to BRCK 911 Service during that interruption.
Number Flexibility & Service Portability. Traditional 911 service automatically sends your 911 call to the appropriate local emergency responder, or Public Safety Answering Point (“PSAP”), based on your telephone number. Traditional Enhanced 911 service (also known as E911) automatically sends your 911 call to the appropriate PSAP along with your registered address and telephone number. Because the BRCK Service permits you to obtain a telephone number that does not correspond to your geographic location (for example, you may obtain a BRCK telephone number with a California area code even if you do not have a California address) and allows you to use BRCK Service anywhere you have wired broadband Internet, the BRCK 911 Service functions differently than traditional 911 service in certain respects: Because your address does not necessarily correspond with your telephone number, you must provide BRCK with the street address(es) where you will be using BRCK Service (“Registered Location(s)”) when you sign up for BRCK service. If you relocate any equipment (e.g., PC with softphone, IP phone, or ATA with traditional phone) that you use to access the BRCK Service, you must update your Registered Location(s). If you do not update your Registered Location(s), any 911 calls you make using the BRCK Service will be routed based on your previously provided Registered Location and therefore may not be routed to the appropriate PSAP for your new location. In addition, because the BRCK Service will, where possible, automatically transmit your Registered Location to the PSAP, you must update your Registered Location to ensure that the BRCK Service transmits accurate location information to the PSAP. Once you notify us of a change in your Registered Location, there may be a delay in making the new Registered Location available to properly route 911 calls and advise PSAPs of your new Registered Location. In some parts of the country where direct routing to PSAPs is not available for BRCK 911 Service, the Service will route your call to the National Emergency Call Center where trained agents will ask for the name, location, and telephone number of the person calling 911 and will contact the appropriate PSAP to send help. The call center will not automatically receive your address and telephone number. In these situations, public safety response times may be delayed. As a result, there may be an additional delay before emergency services arrive.
Loss of Electrical Power. Unless you have a backup system to power your wired broadband Internet connection and any equipment (PC with softphone, IP phone, ATA with traditional phone) that You use to access your BRCK Service, you will not have phone service or 911 service during any power outage.
Registration of Physical Locations Required. As discussed above, you must register the Registered Location where you will be using BRCK Service for each phone number you use from BRCK (e.g., if you purchase BRCK with three numbers, you must provide a Registered Location for each of the three numbers). BRCK will obtain your Registered Location as part of the service initiation process and will not provide BRCK Service until you have provided your initial Registered Location. However, you must update your Registered Location when you use your BRCK Service from a new location. Regardless of what address you register, in some circumstances, such as unavailability of direct routing to PSAPs or the use of portable devices to access the BRCK Service, emergency calls will be routed to the National Emergency Call Center.
You agree to provide true, accurate, current, and complete Registered Location information to BRCK as part of the service initiation process and to update as soon as possible your Registered Location with true, accurate, current, and complete information whenever you use your BRCK Service from a new location. If you provide Registered Location information that is, or that BRCK suspects to be, false, inaccurate, not current, or incomplete, BRCK has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. BRCK will not, however, disable your ability to make a 911 call during any service suspension.
You may update your Registered Location by logging on to your account settings page or contacting BRCK customer support at [email protected]. For purposes of 911 dialing, you may only register one Registered Location for each BRCK phone number.
Notify All Users of 911 Limitations. You must inform all business colleagues, household residents, guests, and other persons who may be present at the physical location where you utilize the BRCK Service that 911 may not be available or may be in some way limited in comparison to traditional 911 service.
Disclaimer of 911 Liability. BRCK disclaims all responsibility for the conduct of PSAPs, the National Emergency Call Center, and all other third parties involved in the provision of emergency response services. BRCK does not have any control over PSAPs, the National Emergency Call Center, or other third parties and is therefore not responsible for whether they answer 911 calls made using the BRCK Service, how they answer these calls, or how they handle or respond to these calls. BRCK relies on third parties to assist it in the provision of 911 service and disclaims any and all liability for acts or omissions by third parties in the provision of BRCK’s 911 service. BRCK expressly disclaims all liability with respect to your use of the E911 service. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify BRCK from and against any damages or liabilities of any kind related to your use of the E911 services.
The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900, or calling card calls). The Service may not support 311, 411, 511, and/or other X11 calling (other than 911 and 711 as specified in this Agreement) in one or more service areas.
In the event of suspected fraudulent activity or erroneous charges on your Account, you agree to contact BRCK as soon as possible. In many cases, BRCK can mitigate or correct fraudulent activity or erroneous charges without bank or credit card company intervention. If you suspect fraudulent activity or erroneous charges on your BRCK account, please contact BRCK customer support at [email protected]. When you contact customer support, please have the following information available: (a) your name, contact information, the BRCK account telephone number in question, and security verification information; (b) the credit card account number associated with the account; and (c) the total amount in question charged to the account. If you do not contact BRCK within thirty (30) days after the suspected fraudulent activity or erroneous charges appear on your Account, you waive your rights to object to or challenge such activity or charges. Furthermore, if you request that your bank or credit card company perform a chargeback without first contacting BRCK, and BRCK subsequently determines that the charges at issue are not erroneous, BRCK reserves the right to terminate your account immediately and take any available legal action. Notwithstanding the above, you are solely liable for any transactions or activities by you or anyone else that occur on your Account, and in no event shall BRCK be liable for any unauthorized use of your Account.
In the event that you breach any of the terms of this AUP, BRCK retains the right to suspend or terminate Customer’s use of the BRCK Services upon written notice to you. No credits will be available for terminations or suspensions resulting from Customer’s breach of the AUP.