A Call Recorder - Terms of Use

Last updated: November 1, 2022

1. Introduction

Welcome, and thank you for your interest in the A Call Recorder App. (“AnswerSolutions LLC”, “we”, or “us”), along with our related websites, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and AnswerSolutions LLC regarding your use of the Service. Also, these Terms of Service reflect how the applications and services of AnswerSolutions LLC work and the laws that apply to our company, and it helps define Our (Service Provider) relationship with you (User/customer) as you interact with our services.

Service provider

A Call Recorder App and service provided by, and you’re contracting with: AnswerSolutions LLC, organized under the laws of the State of New Hampshire, USA, and operating under the laws of the USA

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING “I ACCEPT”, “NEXT”, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING A Call Recorder’s PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND A Call Recorder’s PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY SERVICE AND BY YOU TO BE BOUND BY THESE TERMS.

ALSO, YOU AGREE TO OBEY THE TELEPHONE CALL RECORDING LAWS OF YOUR COUNTRY AND STATE AND THE RECORDING LAWS OF THE COUNTRY AND STATE OF THE OTHER PARTIES OF THE RECORDED CALL CONVERSATIONS (see article 17).

AnswerSolutions LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, AnswerSolutions LLC grants you a personal, non-exclusive, non-transferable, limited privilege to use our applications, services, and site.


2. Your Account

When registering for or using the Services, you may be required to provide AnswerSolutions LLC with certain information, including your phone number ("Credentials"). AnswerSolutions LLC handles such information with the utmost attention, care, and security. Nonetheless, you, not AnswerSolutions LLC, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify AnswerSolutions LLC promptly and keep the such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify AnswerSolutions LLC of any unauthorized use of your Credentials or if your email or password, or phone number has been hacked or stolen. If you discover that someone is using your Credentials without your consent or you discover any other breach of security, you agree to notify AnswerSolutions LLC immediately.


3. Content

All user interfaces, visual interfaces, trademarks, logos, and computer code is owned, controlled, or licensed by or to AnswerSolutions LLC and are protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws.

A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials ("Content") may be made available through the Services by AnswerSolutions LLC or its suppliers ("AnswerSolutions LLC-Supplied Content"). While AnswerSolutions LLC strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, AnswerSolutions LLC cannot guarantee and is not responsible for the accuracy, completeness, or timeliness of any AnswerSolutions LLC-Supplied Content.


4. Proprietary Rights

You acknowledge and agree that AnswerSolutions LLC (or AnswerSolutions LLC's licensors) own all legal rights, titles,s and interests in and to the Services and AnswerSolutions LLC-Supplied Content and that the Services and AnswerSolutions LLC-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).


5. License from AnswerSolutions LLC and Restrictions on Use

AnswerSolutions LLC gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Site and Services solely for your reasonable personal and commercial purposes in the manner permitted by these Terms.

You may not (and you may not permit anyone else to): copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by AnswerSolutions LLC, in writing (e.g., through an open source software license); or attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.

You may not access the Services for the purpose of bringing an intellectual property infringement claim against AnswerSolutions LLC or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application, or other manual or automatic program or device to retrieve, index, "scrape," "data mine", or in any way gather Content from the Services.

You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or AnswerSolutions LLC, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18, as the Services are not intended for children under 18.


6. Pricing Terms

Subject to the Terms, the Services provided to you may require the purchase of additional resources and the payment of fees. Please see A Call Recorder Pricing Terms at https://acallrecorder.com/#price for details regarding pricing for the Services.


7. Privacy Policies

These Services are provided in accordance with our Privacy Policy, which can be found at https://acallrecorder.com/#policy. You agree to the use of your User Content and personal information in accordance with these Terms and AnswerSolutions LLC's (A Call Recorder Service) Privacy Policy.


8. Modification and Termination of Services

AnswerSolutions LLC is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services that AnswerSolutions LLC provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include, without limitation, changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms unless stated otherwise.

You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.

You agree that AnswerSolutions LLC, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that AnswerSolutions LLC will not be liable to you or any third party for such termination.

You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.

Upon any termination of the Services or your account, these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.


9. Changes to the Terms

These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.


10. DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

AnswerSolutions LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AnswerSolutions LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.

NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT AnswerSolutions LLC'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.


11. LIMITATION OF LIABILITY

SUBJECT TO SECTION 10 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT AnswerSolutions LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE LIMITATIONS ON AnswerSolutions LLC'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT AnswerSolutions LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AnswerSolutions LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.


12. Indemnification

You agree to hold harmless and indemnify AnswerSolutions LLC and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners (collectively "AnswerSolutions LLC and Partners") from and against any third party claim arising from or in any way related to your breach of the Terms, your use of the Services, your violation of applicable laws, rules or regulations in connection with the Services, or your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature.


13. Third-Party Content

The Services may include references, hyperlinks to other websites, resources, or email content. AnswerSolutions LLC has no control over any websites or resources which are provided by companies or persons other than AnswerSolutions LLC.

You acknowledge and agree that AnswerSolutions LLC is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products, or other materials on or available from such websites or resources.

You acknowledge and agree that AnswerSolutions LLC is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.


14. Third Party Software

The Services may incorporate certain third-party software ("Third Party Software"), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.


15. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. AnswerSolutions LLC shall be free to use such information on an unrestricted basis.

The information contained on this website is subject to change without notice. Copyright © 2022 AnswerSolutions LLC.


16. Miscellaneous

These Terms, together with our Privacy Policy and Pricing Terms, constitute the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing, signed by both parties, or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of AnswerSolutions LLC to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by AnswerSolutions LLC must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise, without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Except for claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration in Santa Clara County, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by these Terms, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND AnswerSolutions LLC, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS. YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY, OR OTHERWISE, AGAINST AnswerSolutions LLC THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.


17. Telephone call recording laws


Canada

In Canada, organizations subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) must comply with PIPEDA when recording calls. To comply with the PIPEDA, organizations should take the following steps when recording conversations:

  • The individual must be informed that the conversation is being recorded at the beginning of the call.
  • The individual must be advised of the purposes. The organization must be clear about the purposes; an organization should not state that it is recording the conversation for quality assurance purposes if, in fact, the recording will be used for other purposes.
  • If the caller objects to the recording, the organization should provide the caller with meaningful alternatives. The alternatives might involve not tapping the call; visiting a retail outlet; writing a letter; or, conducting the transaction over the Internet.

Individuals may record a call as long as they are one of the call’s participants. The recording can be used as evidence in a lawsuit. However, it is illegal to record communications if the recording party is not participating. An illegal recording can lead to a sentence of up to five years in prison.

USA

Federal law requires that at least one party taking part in the call must be notified of the recording. Call recording laws in some U.S. states require only one party to be aware of the recording, while other states generally require both parties to be aware. Several states require that all parties consent when one party wants to record a telephone conversation. Telephone recordings are governed by federal law and by mainly two types of state laws.

Two-party consent states:
States that generally require that all parties consent to the recording include:

  • California
  • Connecticut - For electronic recordings only, all parties must be made aware of recordings, with few exceptions. For in-person recordings, the rule is always one party’s consent.
  • Florida
  • Hawaii - in general a one-party state, but requires two-party consent if the recording device is installed in a private place.
  • Illinois - listening to, transmitting, or recording non-electronic private conversations requires consent by all parties.
  • Maryland
  • Massachusetts - only "secret" recordings are banned, but is the only state without a "public location" exception. Despite having a 1968 law imposing general bans on taping wire and oral communications, it was later ruled to violate the First Amendment in the conditions espoused in a case filed by Project Veritas in 2018.
  • Montana
  • New Hampshire
  • Oregon - One party for electronic communications, two-party for in-person conversations.
  • Pennsylvania
  • Washington - however, section three of the Washington law states that permission is given if any of the parties announces that they will be recording the call in a reasonable manner if the recording contains that announcement.
The rest of the states are One-party consent states.

Accepted forms of notification recording by a telephone company:

  • prior verbal (oral) or written notification of all parties to the telephone conversation;
  • verbal (oral) notification before the recording is made (this is the most commonly used type);
  • an audible beep tone repeated at regular intervals during the call.

Note that, non-disclosure recordings by one of the parties can legally be made if the other party is threatening kidnapping, extortion, bribery, human trafficking, or other felony violence. Also included in the exception is misdemeanor obscenity and threats of injury to persons or property via an electronic communication device (usually a telephone) if directed in whole or in part towards a conversation participant or family member.


18. Contact Us

If you have any questions about these Terms or if you wish to make any complaint or claim concerning the Services, please get in touch with us at: support@answersolutions.net

When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.