Telesocial powers an open system supporting billions of minutes of operator-agnostic voice calls, allowing developers to extend voice in new ways. Telesocial enables your applications to become more social and viral. We want to balance developer utility and user experience and privacy and want a high level of comfort for users while providing high value to developers’ applications.
Publisher with respect to any legal entity (person, corporation, organization, educational institution or other legal entity) which is controlled by or under common control with respect to the subject herein, referred to as You (“You”).
Telesocial and Telesocial Network means the product and service located at the Telesocial web site at http://Telesocial.com and related web resources, owned and operated by Telesocial, Inc., a Delaware Corporation, having offices at 39 Mesa Street, Suite 101, San Francisco, CA 94129.
API means the application programming interface available through Telesocial, herein the Service (“Service” or “Services”).
Application means the software developed by You and using our APIs offered through Telesocial, and may be any kind of software distributed on any network by You.
Portal means the web application provided by Telesocial and exposed to You in order to interact with, provision and manage the Service.
Effective Date means the date which you register for the Service
Developer Key means the token, ASCII representation, or series of bytes that we use to identify your account and individual applications using the Service.
1. Access to the Telesocial Network - AS-IS
The Telesocial API and any and all related material is provided on an “AS-IS” basis and we make no representations or warranties of any kind, whether expressed implied, statutory or otherwise with respect to the service offerings. Except to the extent prohibited by applicable law, we and our licensors disclaim all warranties including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, quiet enjoyment, and any warranties arrising out of any course of dealings or usage of trade. We and our licensors do not warrant anything that the service offerings will function anywhere as described, will be uninterrupted or error free, or free of harmful components, or that the data you store within the service offerings will be secure or otherwise not lose or in any way damaged. We and our licensors shall not be responsible for any service interruptions, including, without limitation, power outages, bugs, system failures or any other interruption no matter how small or large. No advice or information obtained by you from us or from any third party or through the services shall create any warranty not stated in this Agreement. We hereby specifically disclaim any and all liability, and You will be responsible for the development, operation, and maintenance of your application and for all materials that appear on or in your app and You agree that You will be solely responsible.
You may use the Telesocial API and related materials in association with any products or services that you yourself provide to use the Telesocial Network and features. You may also use the Telesocial name and logos and other approved brand elements that Telesocial makes available to you in order to identify the source of the features.
You will not enable the following
i. Selling, renting, leasing, subleasing, sub licensing, distributing, reselling or in any other way publishing the Telesocial API or service to any third parties which may develop derivative works without our approval.
ii. modify or alter any of the media, marks, notices, alerts or any other content as provided by our service
iii. use the service in any competitive purpose
iv. use of the service in any way that is unlawful
2. Use of the Telesocial Network
Telesocial is a powerful voice calling platform, and as a user of this great power you agree to behave with the utmost care in preserving these main ideas:
Respect User Privacy
Voice calling can be fun but can be annoying as well as spammy — there’s a lot that you can do as a developer to make the voice experience seamless and non intrusive. In most all circumstances, call requests should be prompted and made when requested by active users and those users who have requested certain kinds of calls. Respecting the user means only delivering calls or setting up talkspaces or recordings when users request them — don’t make the request on their behalf.
If all calls are opt-in, that is, requested and given permission, then the user experience is great and highly rewarding, social and viral. Always ask users if they want to join calls, initiate calls, or make or distribute media by prompting the user for permission.
Your application should not call users or initiate calls that are not opt-in or given explicit permission by the user. If you follow these rules and even add more granular control of when to initiate calls or refuse calls, your users will value the flexibility and utility of voice in your application even more and drive further adoption. Your application should not engage in subversive or misleading, confusing or deceiving engagement with users, confusing the source of the calls, or the purpose of the voice features contained within Telesocial. You may also not use Telesocial to impersonate others or deceive users, mislead or in any other way misuse the
Don’t Spam or distribute Spam
Since your application has the ability to distribute audio media and make voice calls, you may not use the system to send and distribute spam or any third party advertising that does not comply with our spam rules.
Be a good partner to Telesocial
Use of the Telesocial service should not include reverse engineering the system or service or doing malicious things to our features, functionality and service via our API and SDK. You will not attempt to sabotage the Telesocial service, interfere with it, attempt to disrupt or disable any of our API servers or conduct any attacks. Your use of the Service may be terminated at any time for any reason whatsoever, and you must respect the Intellectual Property contained within our site and Service.
3. Using Telesocial in your Service
By using Telesocial, you accept and comply with all of our Terms and we in turn grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right during the Term to access and use the Telesocial Services. You may write software applications, operate a web site, or distribute software code through mobile or wireless devices, and you understand that we may change the APIs for any Service or feature of a service from time to time and that it is your responsibility to ensure that requests you make to our Service is compatible with any current APIs at any time. It is important that you and any of the applications that you build may make internet requests to our Services and that using our Services will enable phone calls to be made, and at any time that you are using the Services that you follow our strict use policy guidelines. By using the Service, you may not interfere with, remove, or in any way obscure or make unknown any trademark, service marks or any other intellectual property or proprietary right appearing on our Service. You also agree that the use of our Services in applications that you own are controlled by you at all times and are your legal property and you are the organization solely responsible for your applications. You are responsible for all traffic originating from any applications using your account credentials assigned by our Service, and as a matter of security you will protect your keys and any security credentials issued by our Service in connection with your account. It is understood that your security credentials for our Service represent your legal binding to our Terms and as such any and all actions taken by any applications using your security credentials may include termination and / or civil and criminal penalties.
4. Commercial Use
You may use the Service in any commercial use, so long as you do not in any way resell the
Service to your end users.
5. Intellectual Property
We hereby reserve all rights, title, and interest, other than the limited use rights and licenses expressly set forth in these Terms, in and to the Services and any other technology and software that we provide or use to provide the Services. We may offer software, information and documentation in many forms, such as software developer kits, application samples and electronic documentation under open source licenses, and any products as such will be marked with copyright details which may apply to those individual items. We reserve all rights to any such materials that may or may not be designated as such. We may also retain license, right, and interest to including intellectual property and proprietary rights with respect to the data which your application sends to us or is used in conjunction with our Service. With respect to any communications to us, suggestions, posts, comments, emails and the like, shall be considered our property and you therefore hereby assign all right, title and interest in any communication to us.
Telesocial may, without prior notice, immediately terminate, limit, your access to or suspend your Telesocial account, any associated credentials and access to the Telesocial services. Cause for such termination, limitation of access or suspension shall include but not be limited to, (a) breaches or violations of these Terms or other agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance of material modification to the Services, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, (g) nonpayment of any fees owed by you in connection with the Services and/or (h) any reason whatsoever. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Telesocial’s sole discretion and that Telesocial shall not be liable to you or any third party for any termination of your account or access to the Telesocial services.
All related information remains our property, other than the right to use parts of our Information as provided herein, we do not grant any rights, title, interest, explicitly or implicitly, under any patent, copyright, mask work protection right, trade secret or any other intellectual property right.
8. Representations and Warranties
You also acknowledge and understand that we do NOT currently allow You to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). The Services are not intended to replace any primary phone service that may be used to contact emergency services.
You represent and warrant: (i) that You are solely responsible for the development, operation, and maintenance of your application including without limitation, the accuracy, appropriateness and completeness and any and all operation; (ii) that You have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your application; (iii) that neither Your Application (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) that Your Application contains any harmful components; and (v) to the extent to which You use any of the Telesocial Marks, that You will conduct Your business in a professional manner and in a way that reflects favorably on the goodwill and reputation of Telesocial. You also represent and warrant that You are responsible for any charges incurred by virtue of Your use of the Application, no matter whether the Application acted in error.
9. Limitation of Liability
You expressly understand and agree that Telesocial and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Telesocial has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Telesocial service; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Telesocial service; or (e) any other matter relating to the Telesocial service.
You agree to indemnify, defend and hold us, our affiliates and licensors and any affiliated party, each of our and their business partners which may include third party sellers on websites operated by or on behalf of us and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims whatsoever, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising out of or in connection with any claim arising out of (i) Your use of the Services, Telesocial API and related material in a manner not authorized by this Agreement, and/or in violation of the applicable restrictions, any other active policies, and/or applicable law, (ii) your application, content, or the combination of either with other applications, content or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of application content, (iii) Your violation of any term or condition or any applicable additional policies, including without limitation, Your representations and warranties, or (iv) You or Your employees' or personnel's negligence or willful misconduct.
By using the Services, You agree that the laws of the State of California will govern this Agreement and any dispute of any sort that might arise between You and Telesocial.
If you assist, authorize, instruct or facilitate any entity to take action related to this Agreement, You shall be deemed to have taken the action Yourself.
If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
The failure by us to enforce any aspect or provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter as all waivers by us must be in writing.
15. Successors and Assigns
This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns.
16. Entire Agreement
This Agreement incorporates by reference all policies and guidelines published by Telesocial and as may be modified thereafter and is the etire agreement between You and Telesocial regarding the subject matter herein and supersedes any and all prior representation, understanding, agreement, or communication between You and Telesocial, whether in writing or otherwise.
17. No Endorsement
You understand and acknowledge that we are not certifying or endorsing and have no obligation to certify or endorse you or your applications.