Last updated: April 30, 2024
Please read these Solo by RingCentral terms of service (“Agreement”) carefully before using or subscribing to the Service. By installing or subscribing to the Service, You are entering into a legally binding agreement with RingCentral to be bound by these terms. If you subscribe to the Service, You will be automatically charged a subscription fee every 30 days until you cancel your subscription.
Please note that Section 9 of this Agreement contains a binding arbitration agreement and class action waiver. The Agreement affects your legal rights, including your right to a jury trial, your right to have disputes involving the Service heard by a court, your right to participate in a class or other representative action, your right to claims under implied warranties, and your right to recover damages from RingCentral. If You do not agree to the terms of this Agreement, do not download, install, subscribe to, or use the Service.
If you are under the age of 18 you may not use this Service.
1. What Does this Agreement Cover?
Solo by RingCentral is a cloud-based communications service that includes voice and SMS messaging service using a mobile application. Collectively, all of these things qualify as the “Service” covered by this Agreement. Put another way, Your use of or access to the Service is governed by this Agreement. If you use other RingCentral products or services, besides Solo by RingCentral, your use of those additional products or services may be subject to separate terms.
Please note that when you integrate the Service with a third-party application (in other words, an application that We don’t own or run), this Agreement does not apply to Your use of the third-party application, and RingCentral does not control the terms of Your relationship with that third party. Be sure to carefully review the relevant terms and privacy notices provided by the third party before You use an integration.
When You read through this Agreement, You’ll notice that some terms are capitalized. Take a look at the last section of this Agreement for definitions of those capitalized terms.
2. Use of the Service
A. System Requirements
Your use of the Service is dependent on You having sufficient internet access and any software or devices necessary to access the Service. Use of the Service with incompatible devices, services or networks, or failure to update Your devices or software, may result in an inability to use the Service. Whether a particular piece of software or device is compatible with the Service can change over time.
B. Use Policies
1. Acceptable Use Policy
You may use the Service only in compliance with this Agreement, applicable Law, and the Acceptable Use Policy available at www.ringcentral.com/legal/solo_aup.html, which is incorporated into and forms part of this Agreement. Among other things, the Acceptable Use Policy prohibits you from (1) using or permitting the use of the Service to interfere with the use of any RingCentral service by others, or with the operation of RingCentral’s network(s), (2) reselling, or charging anyone else to access, the Service, and (3) committing fraudulent or illegal activity. We may update the Acceptable Use Policy from time to time by publishing the terms to www.ringcentral.com/legal/solo_aup.html.
We reserve the right, but are not obligated, to investigate any use that we reasonably suspect to be in violation of the Acceptable Use Policy. We may also monitor the Service for violations of this Acceptable Use Policy, including sending voice calls that are indicative of phishing of scams. By using the Service, you consent to such monitoring.
2. Numbering
The provision, use, and publication of numbers used in conjunction with the Services are governed by RingCentral’s Numbering Policy, available at https://www.ringcentral.com/legal/policies/numbering-policy.html.
3. Emergency Services
RingCentral’s policy governing the provision of emergency services accessed via the Services is available at https://www.ringcentral.com/legal/solo_emergency_services_policy/html.
4. SMS / MMS
SMS and MMS offered via the Service are for conversational use only. Conversational messaging typically means messages are sent from one phone number to a limited number of unique recipients, with fewer than 50 messages per minute, totaling less than 1,000 messages per day. Please note that this is merely an example and does not guarantee deliverability. Sending bulk or automated SMS/MMS or SMS/MMS that is indicative of phishing or scams is prohibited. SMS and MMS depend on third-party wireless carriers. Deliverability is not guaranteed and You will be charged (or will consume, depending on remaining allocated SMS/MMS) for each message received or sent, regardless of whether the message was actually received.
C. Access by Third Parties
You are prohibited from providing anyone else with access to your login credentials for the Service, and you assume all responsibility for keeping your login credentials secure from unauthorized access. In addition to any other legal rights RingCentral may have, you are directly responsible to RingCentral for any use of your account by someone else.
D. Content Storage
You may have the option to store Content in RingCentral systems in connection with your use of the Service. RingCentral expressly disclaims any and all responsibility to provide You with ongoing access to any such Content. RingCentral expressly disclaims any and all responsibility for maintaining the integrity of such content and for Your ability to have continued access to any Content. You are solely responsible for separately maintaining personal copies of all of your Content.
E. Artificial intelligence
You may opt into additional artificial intelligence features made available in the application for an additional fee. Outputs or results produced using artificial intelligence are for informational purposes and may not be fully accurate. You should evaluate and verify the accuracy of outputs (e.g. summarization accuracy, etc) and use in light of any law, regulation, or guideline as may be appropriate.
You should not solely rely on these outcomes or metrics to make decisions concerning employment, creditworthiness or insurability. RingCentral will have no responsibility or liability for any cost, damages, liabilities or fines resulting from Your 1) use of inaccurate outputs, 2) misuse of outputs, 3) use of outputs in violation of applicable laws or regulations.
F. Termination of Use
RingCentral reserves the right to terminate Your access to the Service at its sole discretion, at any time, without notice, for any reason that is allowed under applicable law.
G. Business Use Only
Solo by RingCentral is designed for business, and not personal or household, use.
3. Fees
A. Billing and Automatic Renewal. Your Subscription will last thirty days from the date of Your purchase and automatically renew for continuous thirty-day terms until either You or We terminate this Subscription Agreement. On or after each date of automatic renewal, You authorize RingCentral to charge the Subscription Charge, plus any applicable Taxes and fees, to the form of payment that You have provided to RingCentral. The Subscription Charge will be the amount quoted to You at the time You enter into this Subscription Agreement, unless RingCentral has provided you with at least 30 days’ notice that the cost of your Subscription will increase.
B. Cancellation of Renewals (month-to-month Subscription). You may cancel future renewals of your Subscription at any time via the RingCentral application. If you cancel future renewals of your Subscription, you will continue to be able to use the features and services covered by your Subscription, and this Subscription Agreement will remain in force, until the end of your current Subscription Period. You will not be refunded for any Subscription charges, taxes, or fees that were charged to you before you canceled automated renewals. RingCentral may decline to renew Your Subscription at the end of any 30-day Subscription period for any reason allowable by law, which will result in the termination of this Subscription Agreement.
Subscriptions for a year or more do not automatically renew. If you do not renew your Agreement prior to the expiration of the Term, your access to the Services will terminate and you may lose any data that was not removed from the Services (i.e. to archiving solution). Additionally, if you want to port your phone number out, you must complete the porting process prior to termination of Services, or you will lose access to that phone number.
C. Payment. You agree to pay all applicable and undisputed rates, fees, and charges related to your Subscription. In the event your account does not have a valid payment source, or Your card issuer declines the payment, RingCentral may suspend or terminate Your Subscription.
D. Taxes and Fees. All rates, fees, and charges are inclusive of applicable Taxes.
4. Modification
A. Modification of Terms. You consent to RingCentral modifying this Agreement, including Payment terms, at any time upon providing You with reasonable Notice. Your continued use of the Service after receiving such Notice constitutes your agreement to the modified Agreement.
B. Modification of the Services. RingCentral may also modify the Services at any time, using a variety of methods. If you do not accept such changes, you may cancel your services.
5. NO WARRANTY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND RINGCENTRAL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. TO THE EXTENT THAT RINGCENTRAL CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Intellectual Property
A. Limited License
We grant to You a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use any software provided or made available by Us to You as part of the Service (“Software”) to the extent reasonably required to use the Service as permitted by this Agreement, only for the duration that You are entitled to use the Service. The foregoing license is subject to, and conditioned upon, Your compliance with the terms of this Agreement. RingCentral may revoke this license at any time, without any notice to you.
You may not:
a) Sublicense, resell, distribute or assign Your right under the license granted under this Agreement to any other person or entity;
b) modify, adapt or create derivative works of the Software or any associated documentation;
c) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software;
d) use the Software for infringement analysis, benchmarking, or for any purpose other than as necessary to use the Service You are authorized to use;
e) create any competing Software or Service; or
f) remove any copyright or other proprietary or confidential notices on any Software or Service.
B. Our IP Rights
Except as expressly provided in this Agreement, the limited license granted to You under Section 6 (Limited License) does not convey any ownership or other rights or licenses, express or implied, in the Service, any related materials, or in any Intellectual Property and no IP Rights or other rights or licenses are granted, transferred, or assigned to You or any other party by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved and retained by RingCentral and its licensors. The Software and Service may comprise or incorporate services, software, technology or products developed or provided by third parties, including open source software or code. You acknowledge that misuse of the Service may violate third-party IP Rights.
C. Your IP Rights — Content License
To the extent reasonably required to provide You the Service, You grant Us a limited, personal, non-exclusive, royalty-free license to use Your IP Rights in Your Content. You are solely responsible for ensuring You have any necessary third-party consent or authorizations to reproduce, transmit, copy, or receive any Content protected by third party IP Rights.
D. RingCentral’s Marks
You may not use or display RingCentral trademarks, service marks or logos in any manner.
7. Data Privacy
A. Our Privacy Practices
RingCentral respects Your privacy and will only use the information provided by You to RingCentral or collected in the provision of the Service in accordance with the Privacy Notice which is hereby incorporated by reference. RingCentral may update the Privacy Notice from time to time.
B. Integrations
Note that when you integrate third-party applications into the Service, neither this Agreement nor RingCentral’s Privacy Notice applies to the third-party’s collection, use, or disclosure of your personal information. Please carefully review the application’s privacy notice before using such an integration.
8. Remedies Available in the Event of a Dispute
A. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RINGCENTRAL OR ITS AFFILIATES BE LIABLE FOR (1) INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, REPUTATIONAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND; (2) COSTS OF PROCUREMENT, COVER, OR SUBSTITUTE GOODS OR SERVICES; (3) LOSS OF USE, LOSS OR CORRUPTION OF DATA; OR (4) LOSS OF BUSINESS OPPORTUNITIES, PROFITS, GOODWILL, OR SAVINGS, WHETHER IN ANY OF THE FOREGOING, ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF RINGCENTRAL HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. RINGCENTRAL WILL NOT BE LIABLE FOR ACTIONS REASONABLY TAKEN TO COMPLY WITH LAW.
To the fullest extent permitted by law, RingCentral’s total liability to you in connection with all disputes arising from this agreement shall not exceed the amount you have paid to RingCentral for access to and use of the Service with respect to the relevant time period giving rise to the dispute or $10, whichever is greater.
B. Indemnification
You agree to indemnify and hold harmless RingCentral against all costs and legal fees incurred by RingCentral in defending, settling, paying damages for, or taking action to remediate (pursuant to an injunction or otherwise) any claim arising out of or in connection with i) a violation of applicable Law by You in connection with the use of the Service; ii) Your use of the Service in a manner not authorized by this Agreement, or iii) all claims relating to Your Content.
9. DISPUTE RESOLUTION
A. INFORMAL DISPUTE RESOLUTION
If You or RingCentral (including its employees, officers, directors, parents, agents, subsidiaries and affiliates) have a dispute, You and RingCentral agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a notice to the other party that describes the dispute. The notice must include the initiating party’s name and contact information (address, telephone number, and email address) and a detailed description of (1) the nature and basis of the dispute and (2) the nature and basis of the relief sought, with a detailed calculation explaining any claim for monetary relief. Your notice shall be sent by mail to RINGCENTRAL LEGAL, 20 DAVIS DR., BELMONT, CA 94002. You must personally sign the notice. Any notice that RingCentral sends to you pursuant to this section shall be sent to the email address for your Account. If requested by the party that receives the notice, the other party must personally participate in an individualized telephone or video settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the dispute. If the dispute is not resolved within sixty (60) days after receipt of the notice (which period can be extended by agreement of the parties), you or RingCentral may commence an arbitration proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing a demand for arbitration. The statute of limitations and any filing fee deadlines for a formal arbitration proceeding shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
B. AGREEMENT TO ARBITRATE
You and RingCentral agree to mandatory individual arbitration for all claims arising from or relating to (1) the Service; (2) the Agreement, or any prior versions of or changes to the Agreement; and (3) any other aspect of the relationship between you and RingCentral (each a “Dispute”). Such claims are subject to arbitration whether they (1) are based in contract, tort, federal or state statute, constitution, regulation, or any other legal theory, or whether they seek legal or equitable remedies; (2) arose in the past, may currently exist, or may arise in the future; and (3) arose before the parties entered into this Agreement or after termination of this Agreement.
C. WAIVER OF RIGHTS TO JURY TRIAL, TO BRING CLASS OR REPRESENTATIVE ACTIONS, AND SEEK PUBLIC INJUNCTIVE RELIEF
You and RingCentral agree that, by agreeing to arbitrate Disputes, we are each waiving the right to a trial by jury or a trial before a judge in court. You and RingCentral each acknowledge that arbitration will limit our legal rights, including the right to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal. You and RingCentral also agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may seek or obtain only individualized relief, and disputes between us cannot be arbitrated or consolidated with those of any other person or entity. Neither You nor RingCentral will have the right to seek public injunctive relief as a remedy for any claim. If a court (after exhaustion of all appeals) decides that any part of this Section 9.C. is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).
D. ARBITRATION RULES AND PROCEDURES
To initiate arbitration, either You or RingCentral must file an arbitration demand with the American Arbitration Association (“AAA”). AAA’s Rules, filing forms and other information can be obtained from www.adr.org or 1-800-778-7879. If You initiate an arbitration against RingCentral, You must serve your demand on us by mailing it to the following address: RINGCENTRAL LEGAL, 20 DAVIS DR., BELMONT, CA 94002. If RingCentral initiates an arbitration against you, We will send an arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration in accordance with this Section 9, You and We will select another provider (and if we can’t agree, a court will choose the provider).
The arbitration will be conducted by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where You live or as determined by the arbitrator.
The AAA’s Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law; You, RingCentral and any counsel must comply with Federal Rule of Civil Procedure 11(b); and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would.
The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a Dispute, the enforceability of any part of this Section 9 (Dispute Resolution), and either party’s compliance with Section 9.A. (Informal Dispute Resolution). The arbitrator will not be bound by decisions reached in other arbitrations. An arbitration award and any judgment confirming it apply only to that specific case. You understand and agree that an arbitration award can’t be used in any other case except to enforce the award itself. The arbitrator’s award is final and binding on You and RingCentral. You or RingCentral may seek to have the award vacated or confirmed and entered as a judgment in any court having jurisdiction.
E. ARBITRATION FEES
Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules as set forth above or, if a different arbitration administrator is selected, its rules. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.
G. CHOICE OF LAW
Notwithstanding anything in this Agreement to the contrary, you and RingCentral agree that we are participating in transactions that involve interstate commerce and that this Section 9 and any resulting arbitration are governed by the Federal Arbitration Act. No state statute pertaining to arbitration shall apply. To the extent state law applies, the laws of Illinois without regard to conflicts of law principles shall apply.
H. JURY WAIVER
IF FOR ANY REASON A CLAIM PROCEEDS IN A COURT RATHER THAN THROUGH ARBITRATION, YOU AND RINGCENTRAL AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND RINGCENTRAL UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY.
10. Miscellaneous
A. Notices
RingCentral may send You account related notices or communications about your Services using the email address You provide during sign-up.
B. Headings, Interpretation
The headings, section titles, and captions used in the Agreement are for convenience of reference only and will have no legal effect. All defined terms include related grammatical forms, and, whenever the context may require, the singular form of nouns and pronouns include the plural, and vice versa.
C. Governing Law
Except as provided in Section 9, the laws of Delaware govern these terms of service between RingCentral and You.
D. Export Control
Any services, products, software, and technical information (including, but not limited to, services and training) provided pursuant to the Agreement may be subject to U.S. export Laws and regulations. You may not use, distribute, transfer, or transmit the services, products, software, or technical information (even if incorporated into other products) except in compliance with U.S. and other applicable export regulations.
E. Entire Agreement
This Agreement makes up the entire agreement between RingCentral and You and supersedes any prior agreement regarding the Services.
F. Severability and Waiver
Except as provided in Section 9, Dispute Resolution, in the event any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision(s) will be stricken and the remainder of this Agreement will remain legal, valid and binding. The failure by either Party to exercise or enforce any right conferred by this Agreement will not be deemed to be a waiver of any such right or to operate so as to bar the exercise or enforcement of any such or other right on any later occasion. Except as otherwise expressly stated in this Agreement, all rights and remedies stated in the Agreement are cumulative and in addition to any other rights and remedies available under the Agreement, at Law, or in equity.
G. Eligibility and Execution
You represent and warrant that You have reached the age of majority in your place of residence, possess the capacity to enter into the Agreement and understand these terms prior to accepting them.
H. Survival
The rights and obligations of either Party that by their nature would continue beyond the expiration or termination of this Agreement will survive expiration or termination of this Agreement, including without limitation payment obligations, warranty disclaimers, indemnities, limitations of liability, dispute resolution, definitions and miscellaneous.
I. Assignment
Neither party may assign its rights or obligations under the Agreement in whole or in part without the other party’s consent, except that RingCentral may assign, without notice to You, any of our rights or obligations under these terms or our Privacy Notice to any of our Affiliates, successor entities or new owners.
11. Definitions
“Account” means the numbered account established with RingCentral and associated with You and the Services provided to You under this Agreement.
“Affiliate(s)” means a person or entity that is controlled by RingCentral, controls RingCentral, or is under common control with RingCentral, and “control” means beneficial ownership of greater than fifty percent (50%) of an entity’s then-outstanding voting securities or ownership interests.
“Agreement” means these Solo by RingCentral Terms of Service.
“Content” means the content of voice calls, voicemail, conferences or other communications that You make available using the Service, such as SMS, transmitted or stored through the Services.
“Intellectual Property Rights” or “IP Rights” means all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with: (a) patents and patent applications, inventions, industrial designs, discoveries, business methods, and processes; (b) copyrights and copyright registrations, and “moral” rights; (c) the protection of trade and industrial secrets and Confidential Information; (d) other proprietary rights relating to intangible property; (e) business names, trademarks, trade names and service marks; (f) a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (g) analogous rights to those set forth above; and (h) divisions, continuations, continuations-in-part, renewals, reissuances and extensions of the foregoing (as applicable).
“Law” means any law, statute, regulation, rule, ordinance, administrative guidance, treaty or convention, or court or administrative order or ruling of any governing Federal, State, local or non-U.S. governmental body with jurisdiction over the Services.
“Party” or “Parties” means You or RingCentral, individually or collectively.
“RingCentral,” “We,” “Ours,” and “Us” mean RingCentral, Inc., a Delaware corporation with its primary office at 20 Davis Drive, Belmont, CA 94002.
“Service” means the Solo by RingCentral service, which is a cloud-based unified communications service that includes voice and SMS service via a mobile application.
“Taxes” means any and all federal, state, local, municipal, foreign and other taxes and fees charged or collected from Customers, including but not limited to any Universal Service Fund, TRS and 911 taxes and fees.
“You” refers to an individual who uses or accesses the Service.