Terms and Conditions when using Ooma with Alexa

READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE OOMA SERVICES.

1. Terms of Use

These Terms of Use constitute an agreement (the “Agreement” or “Terms of Use”) between Ooma, Inc. (“Ooma”, “we”, “us”, or “our”) and you (“customer”, “you”, or “your”). This Agreement sets forth the legally binding terms and conditions for your use of the Telephone Skill service (the “Service”). By using the Service, you agree to be legally bound by this Agreement.

YOU REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO ENTER THIS AGREEMENT AND THAT YOU HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

YOU AND OOMA AGREE THAT CHECKING THE ‘I ACCEPT’ BUTTON REPRESENTS YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT, AND YOU INTEND SUCH ACTION BY YOU TO AUTHENTICATE THIS DOCUMENT AND TO HAVE THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE.

You make this representation and agreement each time you activate or use a service from Ooma. Ooma may revise, amend, or modify this Agreement at any time and in any manner by posting such changes on our website. You should review this Agreement regularly for changes, and can easily identify if changes have been made by checking the “last updated” date at the top of this page. Your continued use of the Service for a reasonable period of time following the posting of any changes to this Agreement means you accept such changes. This Agreement may not be amended or modified by you.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

2. Privacy and Security

The calling capability and the Service uses the public internet, third party networks, and inside wiring in customers’ premises to transmit communications. We have engineered the Service to minimize the risk of any loss in privacy when using such systems. You acknowledge, however, that we cannot guarantee that your communications are completely secure. We respect your privacy and treat the content of all communications as private, except as may be required by law. Please refer to the Privacy Policy on our website at https://www.ooma.com/privacy-policy/ for additional information.

3. Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You will only use the Service for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You are responsible for all of your activity in connection with the Service. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service.

By way of example, and not as a limitation, you will not (and will not permit any third party to) use the Service in any manner that:

• infringes or violates the intellectual property rights or any other rights of any person or entity (including Ooma);
• violates any law or regulation, including but not limited to all applicable local, state, national and international laws and regulations;
• is harmful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
• jeopardizes the security of your account or anyone else’s account (such as allowing someone else to log in to the Service as you);
• attempts, in any manner, to obtain the password, account, or other security information from any other user; • constitutes unauthorized or unsolicited advertising;
• involves commercial activities and/or sales without Ooma’s prior written consent, such as telemarketing, call center operations, contests, sweepstakes, barter, advertising, pyramid schemes, or any other use to generate income for yourself or others as a result of calling numbers through the Service;
• involves unusual calling patterns inconsistent with normal, individual telephone use, for example, regular calls of short duration or calls to multiple numbers in a short period of time;
• is intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Ooma or any third party; or
• impersonates any person or entity, including any employee or representative of Ooma.

You will not: (i) take any action that imposes or may impose (as determined by Ooma in its absolute sole discretion) an unreasonable or disproportionately large load on Ooma’s (or its third party providers’) infrastructure; or (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.

You will not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

4. No Emergency Services

DO NOT USE THE OOMA ALEXA SKILL TO CALL 911 OR TO MAKE OTHER TIME-CRITICAL CALLS UNDER ANY CIRCUMSTANCES. You expressly agree and understand that the Service is not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency or time-critical service (“Emergency Services”). Ooma, its affiliates or staff are in no way liable for such emergency calls or communications. By agreeing to these Terms of Use you understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, you acknowledge and accept your responsibility to purchase, separately from the Service, traditional wireless or wireline telephone service and other means of communication intended for access to Emergency Services.

5. Intellectual Property Rights

All intellectual property rights, including patents, copyrights, trademarks, service marks or other intellectual property rights in and to the Service remain the sole and exclusive property of Ooma. Nothing in this Agreement will be construed as granting any of these rights to you.

You understand that Ooma owns the Service and you may not sell, rent, lease, distribute, or provide service to a third party using the Service without our prior written consent.

6. Termination

Ooma may in its absolute discretion terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.

To understand how Ooma treats information you provide after you stop using the Service, please refer to Ooma’s Privacy Policy at https://www.ooma.com/privacy-policy/

7. Amazon Alexa Terms

The Service is a “Third Party Service” as that term is used in the Amazon Alexa Terms of Use located here: https://www.amazon.com/gp/help/customer/display.html?nodeId=201809740, and your use of the Service will be further governed as set forth therein.

8. Indemnification

You will defend, indemnify, and hold harmless Ooma, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of the Service, your violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Ooma reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Ooma in asserting any available defenses.

9. Warranty Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR YOUR USE THEREOF. THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA, OR INFORMATION, OR THAT THE SERVICE IS ERROR FREE. ANY STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE BY OOMA OR ITS AGENTS OR REPRESENTATIVES ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

10. Limitation of Liability

OOMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SERVICE, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES ARISING FROM OR IN CONNECTION WITH PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR THE USE OR INABILITY TO USE THE SERVICE INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL VIA THE SERVICE, OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES INCLUDING CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF OOMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SERVICE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $100.

11. Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OOMA. In the unlikely event that Ooma has not been able to resolve a dispute it has with you, any member of your household, or any of your guests or any user of the Service arising out of or relating to use of the Service after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Ooma claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Arbitration and Mediation Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and Ooma agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will be deemed as preventing Ooma from seeking injunctive or other equitable relief from the courts as necessary to protect any of Ooma’s proprietary interests.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND OOMA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

12. Miscellaneous

Survival: The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement will survive.

Governing Law: This Agreement and the relationship between you and us are governed by the laws of the state of California without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Paragraph 11, such action will only be brought in a court of competent jurisdiction in Santa Clara County and you will submit to the personal and exclusive jurisdiction of the courts located within the state of California and waive any objection as to venue or inconvenient forum.

Entire Agreement: This Agreement and any referenced materials found on our website constitute the entire Agreement between you and us and governs your use of the Service by you, members of your household, and guests. Materials on our website which are not specifically referenced herein are not incorporated into this Agreement. This Agreement supersedes any prior agreement between you and us and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

Severability: If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

No Waiver of Rights: Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Assignment: Ooma may assign this Agreement and any of its right or obligations hereunder at anytime. You may not assign your rights or delegate any of your duties under this Agreement, and any attempted assignment or delegation without such consent will be void. This agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.