Terms of Service
UPDATED March 31, 2021
Dynamite LLC (collectively, “Dynamite”, “us”, “we”, or the “Company”) is pleased to provide you its mobile applications (each, an “App,” and collectively, the “Apps”). These Terms of Service (the “Terms” or “Agreement”) apply to anyone who accesses or uses our Services, regardless of registration or subscription status. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF OUR SERVICES. You should review the Additional Terms of this Agreement for additional information and terms specific to certain of our Apps and Online Services.
BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT
AGREE, DO NOT INSTALL OR USE THE APPS AND/OR USE THE SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES OR TERRITORIES, YOU AGREE TO THE CLASS ACTION WAIVER DESCRIBED BELOW AND YOU AGREE, AS AND IF PERMISSIBLE BY APPLICABLE LAWS, TO ABIDE BY THIS WAIVER TO RESOLVE ANY AND ALL DISPUTES WITH THE COMPANY.
By subscribing to or using any of our Services, you agree to be bound by these Terms of Service. Your use of any of our Services will constitute acceptance of this Agreement and will have the same legal effect as if you were providing a handwritten signature of acceptance. You acknowledge and agree that we may amend the terms of this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that a text or in-app message which notifies you of such changes shall constitute reasonable means. You agree to check this page from time to time to ensure you are aware of any changes to the Agreement. Your continued use of the Services after we amend this Agreement will signify your acceptance of such amendments.
The Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Apps if you download or install any of the Apps through such marketplaces.
Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this Agreement and that are in addition to the terms of this Agreement, and certain provisions of this Agreement may be unenforceable as to you. To the extent that any term or condition of this Agreement is unenforceable, the remainder of the Agreement shall remain in full force and effect.
2. Account Eligibility and Access
By using the Services, you represent and warrant that:
- You are at least 18 years old;
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- You are not on any list of individuals prohibited from conducting business with the United States; and
- You are not otherwise prohibited by law from using our services
If you fail to meet these requirements at any time, you must immediately cease using the Services.
You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Services. If you access our Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any fees and costs you incur to access the Services from your device. We make no guarantees that the Services will work with your network or telephone carrier. You should check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the Services. We make no representation that the Services are available in all languages or that the Services are appropriate or available for use in any particular location.
In order to use the Services, you may be asked to enable certain features on your phone settings depending on the operating system of your phone. If you fail to enable these features, we may not be able to provide certain features or the Services to you.
3. License To Use the Service
Subject to your compliance with the terms and conditions of this Agreement, Dynamite grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download, install and/or use the Services for your lawful, personal, and non-commercial use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Services or use the Services for the benefit of any third party.
4. Restrictions On Use
You agree to use the Services only for purposes that are lawful and to comply with all applicable laws including without limitation, laws governing the recording of calls, when using the Services. If you are unable for any reason to comply with applicable law, you should stop using the Services immediately. You shall not use the Services for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable purpose of any kind, including but not limited to any purpose that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law. IN NO EVENT SHALL DYNAMITE BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH LOCAL, STATE, FEDERAL OR INTERNATIONAL LAWS.
You agree that you will not:
- Copy, modify, transmit, distribute, or create any derivative works from the Service, including the source code of the Services;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services or attempt to do so by any means;
- Probe, scan or test the vulnerability of our Services or any system or network; and
- Upload viruses or other malicious code or otherwise compromise the security of our Services;
- Interfere with or disrupt the Services offered by Dynamite;
- Impersonate or misrepresent your affiliation with any person or entity
- Create a false identity or otherwise attempt to mislead others as to the origin of a communication using the Services
- Transmit any content that (i) violates the intellectual property or proprietary rights of another; (ii) poses or creates a privacy or security risk to any person; (iii) constitutes unauthorized advertising or spam; or (iv) in the sole opinion of Dynamite is objectionable, offensive or which may expose Dynamite or its users to any harm or liability of any type.
5. New Features and Modifications to the Service
We reserve the right to add or remove features or functions to the Services at any time. When installed on your mobile device, the Apps periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Agreement before you will be permitted to use any subsequent versions of the Services. You acknowledge and agree that any obligation we may have to support previous versions of the Services may be ended upon the availability of updates, supplements or subsequent versions of the Services. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Service.
6. Access to Your Notification Settings
7. User Content; Consent to Use Data
Dynamite offers you the ability to submit or post content through your use of the Services, and your submission of reviews of our Services through us or third party platforms. Any User Content submitted must be in strict compliance with this Agreement. You shall be solely liable for any User Content you submit or transmit using the Services. “User Content” means video, images, text, comments, app store reviews (including the public-facing user name as it appears with the review), audio recordings and other content, that you upload, post or transmit (collectively “submit”) to the Services or any of our social media pages or by providing a review through a third party service. We do not, and cannot, pre-screen or monitor all User Content. However, Dynamite has the right (but not the obligation) to monitor your conduct and User Content submission and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content.
By posting or submitting User Content to the Services or by providing a review of the Services to us or a third party, you hereby grant Dynamite and its affiliates a worldwide, perpetual, irrevocable, non- exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Content (including without limitation, your name and likeness, photographs, testimonials and reviews) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your User Content. If you prefer that we do not use your reviews for promotional purposes, contact the applicable App support email provided in the Customer Support section of this Agreement.
8. Ownership of the Account
Dynamite recognizes the owner of your mobile device’s phone number on the account as the sole owner of the account. You are fully responsible for all transactions undertaken by means of the account. You shall notify us immediately and confirm in writing any unauthorized use of your account. You are the sole and exclusive guardian of any password that you may use to access the Service. If you provide any information in connection with your subscription, you agree to maintain accurate, complete and current information. You agree that in order to accommodate certain requests by you, we may require you to verify your ownership of an account by sending a verification code to the phone number on the account and/or by requesting reasonable documentation to show your ownership of the number and account.
9. Subscription Services and Payment; Auto Renewal
You may choose to purchase a subscription and download the Apps through the Apple App Store or Google Play.
When you purchase a subscription, payment will be processed directly by the mobile platform owner (e.g. Apple). Rates for services are listed in each App and in the applicable App Store. Dynamite reserves the right to modify its rates at any time and/or to offer special promotions. All payments are non-refundable. Subscription payments will auto-renew unless cancelled in accordance with this Agreement. If you purchased an App through Apple or Google and have a billing dispute, you must contact the App Store or Google Play as applicable to seek a remedy. If you purchased a subscription to our Services through one of our websites, contact us at the applicable email available in the Customer Support section of this Agreement.
We may provide a free trial period during which you can use all features of the Services for a limited period of time. You acknowledge and agree that your free-trial subscription will automatically renew as a paid subscription unless you cancel before the end of the trial period in accordance with the Cancellation section of this Agreement.
Paid subscriptions to our Services are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation section of this Agreement.
11. Account Suspension or Termination By Dynamite
12. Limitation of Liability & Class Action Waiver
13. No Warranties
14. Third-Party Service Providers and Partners
Third Party Links
Our Services may provide access or links to third party websites, platforms or resources. We have no control over such websites, platforms and resources, and you acknowledge and agree that Dynamite is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Dynamite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party content, goods or services available on or through any such website or resource.
15. Intellectual Property
The Services, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Dynamite are Dynamite’s property or the property of Dynamite’s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights’ ‘ means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
Dynamite’s names, logos and affiliated services, including without limitation tradenames of its Apps, are the exclusive property of Dynamite or its affiliates. All other trademarks (if any) appearing on any Dynamite mobile application or website are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Dynamite respects and expects its users to respect the rights of copyright holders. On notice, Dynamite will act appropriately to remove content that infringes the copyright rights of others. Dynamite reserves the right to disable access to Services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe the Services or elements of the Services, infringe your copyright rights, Please contact Dynamite’s Copyright Agent at:
Please ensure your communication includes the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
17. Force Majeure
Dynamite shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to: acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of Dynamite.
You agree to indemnify, defend, and hold Dynamite, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party information providers to the Service, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney’s fees, which are the result of, or are in any way related to, your use of the Service in violation of this Agreement.
19. Disputes; Arbitration
Initial Dispute Resolution. You agree to use your best efforts to settle any dispute, claim, question or disagreement directly through consultation with Dynamite’s customer support by contacting the applicable customer support email provided in these Terms before initiating any lawsuit or arbitration.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Apps shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Dynamite in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Dynamite or its affiliates any class action, class arbitration, or other representative action or proceeding. By using the Services or the Apps in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Dynamite or its affiliates (except for matters that may be taken to small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Dynamite (except for small-claims court actions) may be commenced only in the federal or state courts located in Horry County, South Carolina. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and Dynamite, shall be governed by the laws of the state of South Carolina without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Online Dispute Resolution. If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
20. Consent to Communications
By entering into this Agreement, you consent to the receipt of electronic mail (“e-mail”), text messages, in-app notifications, and customer service phone communication (including on-screen notifications) from us regarding (a) the operation of the service and your account and (b) other services and products we believe may be of interest to you. In some jurisdictions, we may get your express consent for certain communications. You may opt out of future e-mails, notifications, and text messages about such products or services by contacting us at the support emails listed in the Customer Support section of this Agreement. You may not, however, opt out of receiving communications regarding important information relating to your account or this Agreement.
21. Export Controls
The Services and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Services. You agree to comply with these laws, restrictions and regulations when downloading or using the apps. In addition, you represent and warrant that (i) you are not located in a country that is subject to the US government embargo, or that has been designated by the US government as a “terrorist supporting; country”, and (ii) you are not listed on any US government list of prohibited or restricted parties; and (iii) If you are a US federal government end user, our Service is a “Commercial Item”; as that term is defined at 48 C.F.R. S2.101.
22. Notice to Government End Users
Any services or mobile applications provided by Dynamite or its subsidiaries installed for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that terms is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
This Agreement, and any modification made in accordance with the terms herein, constitutes the entire agreement between you and Dynamite with respect to the Service provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic, or oral, between you and Dynamite. Whenever required by the context hereof, a reference in this Agreement to the singular includes the plural and vice versa.
25. Governing Law
This Agreement, and all modifications and amendments thereto, shall be governed by the law of the State of South Carolina, U.S.A., without giving effect to its conflicts of laws principles.
26. Governing Law
All communications and notices to be made or given pursuant to this Agreement shall be in the English language. This Agreement may have been translated. You agree that the original English text shall prevail in the case of any and all disputes.
27. Customer Support
To contact customer support, email email@example.com
28. Use and Storage Practices.
We strongly recommend that you keep adequate back-ups of any call recordings and or transcripts of such recordings that you wish to keep.
Dynamite may, in its discretion, establish practices and limits concerning use of the Services, including without limitation the maximum period of time that content such as recordings or call data will be retained by the Services and the maximum storage space that will be allotted our servers for your account. Dynamite reserves the right to change these practices at any time in its sole discretion. In the event of any material change, Dynamite will attempt to notify you in advance of such change. You agree that Dynamite has no responsibility or liability for the deletion or failure to store any data, conversations, recordings, or other content maintained or uploaded by the Services. You further acknowledge that Dynamite reserves the right to terminate accounts that are inactive for an extended period of time.
29. Additional Terms
A. Call Recorder.
Call Recorder offers you the ability to record local toll and domestic long distance calls and to provide you with transcripts of call recordings.
Certain countries or states may have laws prohibiting the recording of calls without consent from the parties to the call. You may violate a country’s or a state’s criminal law or create civil liability for yourself by listening in on or recording a telephone conversation without informing the other parties that you are doing so. You agree to comply with all applicable laws and regulations before using Call Recorder and that Dynamite has no liability for your failure to do so.
Your version of Call Recorder includes call recording (including conference calls) transcription capabilities. By using Call Recorder, you acknowledge and expressly agree that Dynamite may transcribe or have transcribed by a third party and store or have stored by a third party vendor, such recordings, and to make such transcriptions available to you.
Retention of Call Data