terms OF SERVICE
Terms of Service
1. Services Provided
Plain Bagel LLC offers you, among other things, the ability to record local toll, domestic long distance and international telephone calls. A complete list of Plain Bagel LLC services can be found at www.plainbagel.net LLC (the "Website"). These services are provided on a free or pre-paid basis and do not require you to change your current telephone service provider(s). Plain Bagel LLC is not responsible for reimbursement for calls made with another service while Plain Bagel LLC is temporarily unavailable.
2. Opening an Account
In order to become a Plain Bagel LLC customer, you must complete an application form through our mobile app, and must agree to these terms and conditions. As part of the application, you will provide Plain Bagel LLC with the unique phone number from which you will be placing calls. Plain Bagel LLC will then send you an electronic notification (in the form of a text message) with a code to be used to confirm that you have activated your Plain Bagel LLC account ("Account").
By agreeing to these terms and conditions, you certify to Plain Bagel LLC that you have the right to use the number that you have identified.
3. Acceptable Conduct
You agree to use the Plain Bagel LLC services only for purposes that are lawful in the jurisdictions where you are calling from and calling to. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law.
In particular, depending on the state or country in which you are located or the person you are calling is located, 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.
Plain Bagel LLC reserves the right to immediately, and without notice, terminate or discontinue your Account in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement. In order to combat harassing or illegal conduct, Plain Bagel LLC may monitor and provide call detail records or recordings to law enforcement agencies.
4. Account Security
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account is being used in an unauthorized manner, you agree to contact Plain Bagel LLC within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the mobile phone number that you have provided to Plain Bagel LLC. Plain Bagel LLC is not responsible for the actions of any person that accesses the service through that phone number. Please note that you are responsible for any and all charges to your account and Plain Bagel LLC cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or Account.
Plain Bagel LLC'S SERVICES ARE PROVIDED ON A FREE (Lite) OR PREPAID BASIS (Pro). YOU CAN PAY FOR THE PRO VERSION THROUGH THE iOS APP STORE, GOOGLE PLAY STORE, OR ON Plain Bagel LLC. Plain Bagel LLC does not issue refunds for billed services. Prices for Call Recorder may change at any time, and price protection or refunds in the event of a price reduction or promotion will not be offered. If a technical problem arises affecting application usage the sole remedy is a refund of the price paid, as determined by us, the App Store or Google Play store.
6. Recording Retention Policy
Any recordings made through your Account may be erased by Plain Bagel LLC at any time after one year from the date the recording was made. Therefore, you should download your own copy of any recording soon after you make the recording using Call Recorder. If you have questions about Call Recorder recordings, please contact customer service at https://www.plainbagel.net LLC/support or firstname.lastname@example.org.
Plain Bagel LLC's rates for services are listed in its app and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making any call using Plain Bagel LLC's services. Call Recorder reserves the right to modify its rates at any time and/or to offer special promotions.
We may from time to time introduce new features to a service or modify or delete existing features. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the modified terms of this Agreement, including any specific rules concerning those features.
9. Billing Information
Plain Bagel LLC does not send invoices to its customers. Instead, you have confidential access to your Account balance information through the mobile app store.
10. Billing Disputes
You must notify Plain Bagel LLC by e-mail of any disputed charges or incorrect payment amounts. Plain Bagel LLC will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent Plain Bagel LLC determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify Plain Bagel LLC of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
11. Ownership of Account
Plain Bagel LLC recognizes the person who controls the registered mobile phone number as the sole owner of the Account.
You may discontinue service at any time upon notice (either electronic or written) to Plain Bagel LLC. We will then shut down access to your Account. You will not be entitled to any refund of the unused balance in your Account if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.
Plain Bagel LLC reserves the right, at its sole discretion and for any reason, (a) to terminate this Agreement and your access to its services, upon one (1) day’s electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, Plain Bagel LLC has the right to put an Account immediately on hold until further investigation takes place.
Plain Bagel LLC reserves the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.
15. Limitation of Liability
Plain Bagel LLC SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS. Plain Bagel LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF Plain Bagel LLC HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Plain Bagel LLC IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. Plain Bagel LLC IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. Plain Bagel LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. Plain Bagel LLC ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE Call Recorder SERVICES IN ANY COUNTRY.
16. No Warranties
Plain Bagel LLC DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. Plain Bagel LLC ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE LEGALITY OF THE USE OF ANY OF THE Call Recorder SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.
17. Force Majeure
Plain Bagel LLC 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 Plain Bagel LLC.
You agree to indemnify, defend and hold Plain Bagel LLC, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, 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 WebSite or Plain Bagel LLC's services, or your transactions or communications with third-party vendors initiated via the Website.
All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
20. Consent to Communications
By entering into this agreement, you consent to the receipt of electronic mail ("e-mail"), text messages and customer service phone communication from Plain Bagel LLC. In addition to sending you text message notifications as provided for above, Plain Bagel LLC may also send you communications about services and products we believe may be of interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail at email@example.com.Plain Bagel LLC reserves the right, however, to continue to contact you regarding important information relating to your Account, or this agreement.
This agreement may be modified or amended by Plain Bagel LLC at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under "Terms and Conditions." Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Plain Bagel LLC (collectively "Marks"), including but not limited to "Plain Bagel LLC" are and shall remain the exclusive property of Plain Bagel LLC and nothing in this agreement shall grant you the license to use such Marks without the express written permission of Plain Bagel LLC. Plain Bagel LLC retains ownership and all rights to the Plain Bagel LLC name, logo, software, databases, reports, web site, and information. Plain Bagel LLC reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by Plain Bagel LLC. However, each individual user has the right to use the Call Recorder name on his, her or its site to further promote the Plain Bagel LLC service to the Internet community.
If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.
24. Integration - Entire Agreement
This agreement, together with any written amendments or modifications, constitutes the entire agreement between you and Plain Bagel LLC with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and Plain Bagel LLC.
25. Governing Law
This agreement, and all modifications and amendments thereto, shall be governed by the law of the State of New York, U.S.A., without giving effect to its conflicts of laws principles.
The materials contained on this web site are provided for general information and entertainment purposes only and do not constitute any form of advice. Plain Bagel LLC assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other web sites may at times be provided for your enjoyment, but Plain Bagel LLC accepts no responsibility or liability for access to or the material on any web site which is linked from or to this web site. By providing links to other sites, Plain Bagel LLC does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by Plain Bagel LLC.
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.