These additional service terms (“Ruby Terms”) govern your use of the Ruby Receptionists Services (“Ruby Services”) provided by Ruby Receptionists, Inc. (“Ruby”), which you’ve purchased in conjunction with your purchase of Grasshopper services, which together are described as the “Service(s)” within LogMeIn’s Terms of Service. These Ruby Terms are incorporated into LogMeIn’s Terms of Service available at https://www.logmeininc.com/legal/terms-and-conditions (“Terms of Service”).
The parties agree as follows:
- License & Use. To the extent that Ruby makes available any software in connection with the Ruby Services, such software is licensed, not sold, to you and title to and ownership of the software, including without limitation, all intellectual property rights pertaining thereto, remains with Ruby or its licensors. You may only use Ruby’s website and mobile application(s) to use the Ruby Services as intended by the functionality on such website and mobile application(s) and solely for the purpose of accessing the Ruby Services you’ve purchased.
1.1. Receptionist Minutes. Usage of the virtual receptionist service is measured using the concept of receptionist minutes. Receptionist minutes are billed in 30-second increments and calls are rounded up to the nearest 30-second mark. As an example, if a call is ten seconds long, it will be billed as 30 seconds (or half of a receptionist minute). For inbound calls, receptionist minutes are calculated starting from the time the receptionist receives the call and ending when a receptionist transfers the call through to someone, or to voicemail, or otherwise disconnects because the call is over. This includes hold time, and excludes talk time once a call is transferred to you or your voicemail box. For outbound calls, receptionist minutes are calculated by counting the time the outbound call specialist is on the call, as well as the time they spend sending a follow-up email to notify you of the outcome of the call.
- Service Data. We and Ruby may collect information related to your usage of the Ruby Services (for example, usage volumes and scheduling, call volumes, etc.). We and Ruby may also collect usage and log data about how the Ruby Services are accessed and used, including information about the device you are using the Ruby Services on, IP addresses, location information, language settings, what operating system you are using, unique device identifiers and other diagnostic data to help us support the Ruby Services. We and Ruby may also aggregate or anonymize such information and use it to compile statistical and performance information related to the provision and operation of the Ruby Services. Any aggregated or anonymized information will not contain or link to any personally identifiable information you submit within the Ruby Services.
- Contacting You. Unless prohibited by applicable law, we or Ruby may contact you at the telephone number or email address you provide for customer services purposes, including to respond to Customer inquiries, to conduct user surveys, to assist with troubleshooting and IT-related issues, for promotional purposes or to discuss new and existing products and services with you, and to return your calls to us or Ruby. If you have activated a feature of the Ruby Services that allows Ruby to send you text messages, Ruby may contact you via text to test the system, for demonstration purposes, or for troubleshooting. Additionally, with your consent, Ruby may contact you via text message at the number provided when completing any web form(s) on Ruby’s website or downloading information from Ruby’s website. If you use a text message to contact Ruby for these or other purposes, Ruby may likewise respond to you by text message. Standard message rates may apply.
- No Warranty. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, WITH REGARD TO THE RUBY SERVICES, WE PROVIDE NO WARRANTY, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OR LOSSES ASSOCIATED WITH THE RUBY SERVICES.
- Third Party Beneficiary. You agree that Ruby is a third party beneficiary under the Terms of Service with the right to enforce them directly against you, specifically with respect to the Ruby Services.
- Assignment. Notwithstanding anything to the contrary in the Terms of Service, you may not assign or transfer any of your rights to use or access the Ruby Services to any third party without our express written consent.