Ad Hoc Labs

Terms of service

Effective Date: May 19, 2016

Ad Hoc Labs Terms of Service

IMPORTANT: BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH AD HOC LABS, INC. THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTIONS 9 AND 10 BELOW.

Ad Hoc Labs, Inc. (“Ad Hoc Labs,” “we,” “us,” “our”) provides this application, including any new features and related services, (collectively, the “Service” or “Services”) to you subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). To access and enjoy the Service, you, your heirs, and assigns (collectively, “you”) must agree to the Terms of Service and acknowledge that you are entering into a legally binding contract with us. If you do not agree to the Terms of Service, you should not use the Service.

Your use of the Services is also subject to the Privacy Policy located at http://www.burnerapp.com/privacy-policy/, which is hereby incorporated by reference into these Terms of Service. In addition, when using certain related services and features provided by third parties in connection with the Service, you will also be subject to those third parties’ terms.

1. Changes to the Terms of Service

We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit the Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service and will indicate the date they were last revised by the posted Effective Date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. It is your responsibility to regularly check the Terms of Service to determine if there have been changes to these Terms of Service and to review such changes.

2. Access and Use of the Service

A. Service Description: The Service is designed to allow users to obtain temporary telephone numbers for voice, SMS, and MMS use, as well as to make and receive voice calls, SMS, and MMS messages via these numbers.

B. Phone Service Required: An underlying wireless phone service is required to use the Service. You are solely responsible for procuring, maintaining, and paying for the underlying phone service that will connect calls made with the Service to your phone. Using the Service requires using your own voice minutes and data plan. Fees, service charges, per message and per-minute usage and other charges may be assessed by your underlying phone service provider for any calls received through the Service. Ad Hoc Labs is not responsible for your underlying phone service, for any calls made or messages sent across telecommunications networks which are not owned by Ad Hoc Labs, or for problems with your underlying phone service including but not limited to no service, poor reception, and dropped calls. When you use Burner to send messages, these messages will not be itemized on your wireless telephone invoice. Additionally, as explained in detail below, THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING. YOU MUST USE YOUR UNDERLYING PHONE SERVICE FOR 911 OR EMERGENCY CALLING.

C. Your Registration Obligations: You may be required to register with Ad Hoc Labs in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and to update your information as necessary to keep it accurate, current, and complete. Registration data and certain other information about you are also governed by our Privacy Policy.

D. Age Restrictions: If you are under 13 years of age, you are not authorized to use the Service, with or without registering. By using the Service, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed the Terms of Service with your parent or guardian and he or she assents to the Terms of Service on your behalf and takes full responsibility for your compliance with them.

3. Conditions of Use

A. User Conduct: You are solely responsible for all communications of whatever type you hold or any content of any kind that you transmit via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Ad Hoc Labs (“Prohibited Uses”). This list provides examples of Prohibited Uses and is provided by way of example and shall not be considered exhaustive. Ad Hoc Labs reserves the right to investigate and take appropriate legal action against anyone who, in Ad Hoc Labs’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to law enforcement authorities. You agree to not use the Service or any other services that are made available through the Service to:

• transmit any content that (i) publicly infringes any intellectual property or other proprietary rights of any party;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• violate any applicable local, state, national or international law, or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• use the Service for call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes;
• attempt to do any of the foregoing.

4. Intellectual Property Rights

A. Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Ad Hoc Labs, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content.

5. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Ad Hoc Labs has no control over such sites and resources and Ad Hoc Labs is not responsible for and does not endorse such sites and resources.

6. Indemnity and Release

You agree to release, indemnify, defend and hold Ad Hoc Labs and its affiliates and licensors, and each of our and their business partners, officers, employees, directors, representatives and agents harmless from and against any and all losses, liabilities, judgments, penalties, fines, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service or User Content, your connection to the Service, your violation of these Terms of Service, your violation of any law, or your violation of any rights of another.

7. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AD HOC LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AD HOC LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, damages resulting from: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS.

9. Binding Arbitration

A. Federal Arbitration Act. The parties agree that this Terms of Service affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

A. Initial Dispute Resolution: Our Customer Service Department is available at support@burnerapp.com to address any concerns you may have regarding the Service.

10. Class Action Waiver

Ad Hoc Labs and you agree that Ad Hoc Labs and you will resolve any disputes on an individual basis, and will not participate in any class action lawsuits.

11. Termination

You agree that Ad Hoc Labs, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason.

12. International Transfer of Information

The Service may be offered outside the United States. The data protection laws in the United States or other countries may not be as comprehensive as those in your country of residence.

13. Digital Millennium Copyright Act Notices

Ad Hoc Labs respects the intellectual property rights of others and require those that use the Service do the same.

14. User Disputes

You agree that you are solely responsible for your interactions and conversations with any other user in connection with the Service.

15. General

These Terms of Service constitute the entire agreement between you and Ad Hoc Labs and govern your use of the Service.

16. Terms Specific to Apple, Inc. The Service is intended to be operated in connection with products made commercially available by Apple Inc.

17. Your Privacy At Ad Hoc Labs, we respect the privacy of our users.

18. Notice for California Users Under California Civil Code Section 1789.3, users of the Service from California are entitled to specific consumer rights notice.

19. Questions? Concerns? Suggestions?

Please contact us at legal@adhoclabs.co to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.