Ring Terms of Service

1.ACCEPTANCE OF TERMS

1.1 The Terms of Service (the “Agreement”) govern your use of Daren Ring Service (the “Service”), including the use of Daren Ring UC Clients (the “Application”), Daren Ring Cloud Service (the “RCS”), Daren Ring Cloud Service Pro (the “RCS Pro”), Daren Remote Access Service (the “RAS”), and any features, scripts, instruction sets, or related documentation that Daren delivers via the Service or includes as part of the Service. By using the Service in any manner, including but not limited to (a) enabling the Service on the PBX, (b) downloading or uploading any Materials (as defined herein) and Contents (as defined herein) via the Service, You (as defined herein) agree to the terms and conditions of this Agreement.

1.2 Daren reserves the right to modify the Terms of Service at any time, at our sole discretion, by posting the revised Terms of Service at www.daren.com/terms-of-service-ring (“Ring Terms of Service”). Your use of the Service is subject to the most current version of the Terms of Service at the time of such use.

2.SERVICE DESCRIPTION

Daren Ring Service includes Daren Ring UC Clients (the “Application”), Daren Ring Cloud Service (the “RCS”), Daren Ring Cloud Service Pro (the “RCS Pro”), Daren Remote Access Service (the “RAS”), and any features, scripts, instruction sets, or related documentation that Daren delivers via the Service or includes as part of the Service.

2.1 Daren Ring UC Clients are unified communication clients designed to coordinate with Daren PBX systems. Available via Web Browser (for Daren R-Series PBX System only), Windows OS, macOS, iOS, and Android phones, it includes voice, contacts, presence, and a list of powerful unified communications features.

2.2 Daren Ring Cloud Service is a value-added service designed to minimize Ring-related server and network configurations for Daren R-Series IP-PBX. It avoids the necessity of port forwarding when using the Application outside of the company and makes collaboration features like instant messaging and file-sharing possible on the Application.

2.3 Daren Ring Cloud Service Pro is a value-added service designed to clear all obstacles to remote SIP access and communications for R-Series PBX users. It provides encrypted remote connection for Ring UC Clients quickly and offers a dedicated PBX domain name (FQDN) for secure, effortless registration of remote SIP endpoints to the PBX.

2.4 Daren Remote Access Service is a turnkey remote working solution designed for Daren P-Series PBX System Appliance Edition and Software Edition. It provides an easy-to-access domain name, safeguards PBX remote web access, and allows the remote workforce to enjoy a consistent in-office experience with Ring UC Clients anywhere on any device.

2.5 Daren reserves the right, at its sole discretion, to modify the Service at any time and from time to time. Such modifications to the Service may include, without limitation, adding, modifying, or removing features and/or functionality, and suspending or discontinuing the entire Service.

3.PROVISION OF THE SERVICE

3.1 The Application. Daren may provide the Application through third-party marketplaces or stores. You are responsible for obtaining and maintaining any equipment or ancillary services needed to access the Application and you are responsible for all applicable taxes and fees incurred while accessing such Application (such as fees from your mobile carrier, overage charges, etc.). Daren may designate the Application as a pre-release or beta version (“Pre-release Version”). The Pre-release Version does not represent the final product and may contain bugs that may cause system or other failures and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies if we request you to do so, or if we release a commercial version of the Pre-release Version.

3.2 Daren Ring Cloud Service and Daren Ring Cloud Service Pro. The RCS and RCS Pro are subscription-based services. They are provisioned and available only when you enable the service on the PBX system and during (a) the applicable Subscription Term (as defined herein) or (b) the applicable free trial period defined by Daren.

3.3 Daren Remote Access Service. Daren Remote Access Service is a subscription-based service included in the Daren R-Series PBX System Enterprise Plan and Ultimate Plan. It is provisioned and available only when you subscribe to the plan and during (a) the applicable Subscription Term (as defined herein) or (b) the applicable free trial period defined by Daren.

3.4 Geographical Scope. The Service may not be offered, available, or fully supported in all regions, countries, or jurisdictions worldwide. Daren may restrict or limit the Service’s availability, in whole or in part, in or to any geographical location(s) or jurisdiction(s), at Daren’s sole discretion.

3.5 Physical Location of Content. By using the Service, you acknowledge and agree that Daren may use third-party service providers in connection with the Service or part of the Service, who may maintain and host Your Content, or the data, in locations anywhere around the world. Your Content, or the data, may be subject to legal or contractual restrictions limiting or prohibiting its storage or transmission to particular physical locations. You acknowledge and agree that You are solely responsible for complying with any such restrictions. Daren is not responsible for Your failure to comply with any such restrictions, and will not be liable to You or any third party for any loss or damages resulting from any such failure.

4.USE OF THE SERVICE

4.1 Service Requirements. The Service is dependent upon your maintenance of sufficient Internet access, networks, security, and power. By using the Service, you confirm and understand that the Service may sometimes be unavailable due to factors beyond Daren’s control, such as weather, power disruptions, availability of bandwidth over the entirety of the Internet, and failures of your internet service provider (ISP) or broadband / ADSL connection. Daren does not guarantee uninterrupted access to and use of the Service and does not guarantee any minimum availability of the Service.

4.2 Acceptable Use. You may use the Services only in compliance with this Agreement, applicable Law, and the Restrictions referenced below.

4.2.1 General Restrictions. You and your Users must not: use the Service (i) in a way prohibited by law, regulation, or governmental order or decree, (ii) to violate any rights of Daren or others, (iii) to try to gain unauthorized access to, test the vulnerability of, or disrupt the Service or any other service, device, data, account, or network, (iv) to distribute spam or malware, (v) in a way that could harm the Service or impair anyone else’s use of it, (vi) in a way intended to work around the Service’s technical limitations, or usage limits, or (vii) for any High Risk Activities.

4.2.2 Content Restrictions. You must not use the Service to transmit, store, host, or process any data that would cause you or us to be out of compliance with applicable laws or regulations. If you use the Service for data regulated by law or regulation, then you are solely responsible for the consequences of that use.

4.2.3 Violations of Acceptable Use. A breach of any restrictions stated in this Section will be grounds for Daren to terminate the Service or part of the Service for you without notice and with immediate effect, at Daren’s discretion. You shall fully and effectively indemnify Daren from and against all loss, liability, damages, costs, and expenses which Daren may incur in relation to any breach by you of your obligations under this section.

5.PRIVACY, CONTENT, AND CONTENT SECURITY

5.1 Privacy Policy. By using the service, you acknowledge and agree that Daren collects and uses personal information you submit to the Service as set forth in the Daren Privacy Policy, found at daren.jp/privacy.

5.2 Content and Content Security. By using the service, You acknowledge and agree that while Daren and Daren authorized third-party service providers will take reasonable precautions to protect your content from unauthorized access or other security breaches, Daren and Daren authorized third-party service providers do not guarantee that such unauthorized access or other security breaches will not occur. You are responsible for ensuring that the security of the Service is appropriate for your intended use of the Service and the storage, hosting, or processing of any Content. You are responsible for taking and maintaining appropriate steps to protect the confidentiality, integrity, and security of all Content from unauthorized access, use, loss, or destruction. Those steps include: (a) controlling access you provide to your Users; (b) configuring the Service appropriately; (c) ensuring the security of Content while it is in transit to and from the Service; (d) using encryption technology to protect Content; and (e) backing up Content. You are responsible for providing any necessary notices to Users and obtaining any legally required authorizations or consents from Users regarding their use of the Service.

6.INTELLECTUAL PROPERTY

The Service and Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Agreement, Daren does not grant any express or implied rights to use the Service and Materials. All rights, title, and interest in the Service and Materials, in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of Daren and nothing in the Agreement shall be construed to confer any license or right, by implication, estoppel, or otherwise, under copyright or other Intellectual Property Rights, to any Daren trademark, trade name, or logo.

7.PAYMENT TERMS

7.1 General. Daren offers free version of the Service.

7.2 Subscription Term. Your subscription to the Service will commence upon your acceptance of these Terms of Service and continue for the term you select when you place your order, unless terminated earlier by you or Daren in accordance with the Agreement (the “Subscription Term”). Upon expiration of the initial Subscription Term, your subscription will automatically renew for additional periods of the same duration at Daren’s then-current subscription fees unless you cancel your subscription by giving written notice to Daren at least thirty (30) days prior to the end of the then-current Subscription Term.

7.3 Taxes. All payments you make to Daren are exclusive of taxes, and you shall pay or reimburse Daren for all taxes arising out of this Agreement or your use of the Service.

7.4 Refunds. All fees paid by you are non-refundable, except as provided in this Agreement or as required by law. If Daren terminates this Agreement or your use of the Service for breach, you will not be entitled to any refund of fees paid by you.

8.TERMINATION

8.1 Termination by You. You may terminate this Agreement at any time by ceasing all use of the Service and destroying all copies of the Application.

8.2 Termination by Daren. Daren may terminate this Agreement, or suspend or terminate your access to the Service, at any time and for any reason, including for breach of this Agreement or for any other reason as determined by Daren in its sole discretion.

8.3 Effect of Termination. Upon termination of this Agreement, all rights granted to you under this Agreement will immediately terminate, and you must cease all use of the Service and destroy all copies of the Application. Termination of this Agreement will not affect your obligation to pay any fees due to Daren.

8.4 Survival. Sections 4, 5, 6, 7, 8.3, and 9 will survive the termination of this Agreement.

9.SUSPENSION

Daren may suspend your use of the Service if: (a) you are in breach of the Agreement; (b) your use of the Service poses a security risk to the Service or to other users; or (c) suspension is required pursuant to a subpoena, court order, or other legal requirement. We will give you notice before suspending your use of the Service if permitted by law, unless we reasonably determine that providing notice presents a risk of harm to the Service, other users, or any person or property, in which case we will notify you as soon as feasible or permitted. We will suspend your access only to the Service that is the subject of the issue leading to the suspension. We will promptly reinstate your access to the Service once the issue causing the suspension has been resolved.

10.TERMINATION

10.1 Termination by You. As either an individual user or a group administrator for a Service, you may stop using the Service at any time, but you will remain liable for all fees and charges due during the applicable Subscription Term of the Service or part of the Service.

10.2 Termination for Cause. Subject to this Agreement and any associated subscription terms and conditions, Daren may terminate our agreement with you (or any subscription agreement) if: (a) you have breached this Agreement; or (b) Daren is required to do so by law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful). You agree that Daren will not be liable for any costs, expenses, losses, damages, or other liabilities (howsoever arising) which you may incur as a result of a suspension or termination of the Service.

11.LIABILITY

11.1 You agree that, given its nature, your use of the Service is at your sole risk. While we will endeavor to ensure that the Service is of high quality, neither we nor any of our agents, contractors, licensees, employees, or information providers involved in providing the Service guarantee that the Service will be uninterrupted or free from error.

11.2 You acknowledge and agree that Daren reserves the right to limit data transfer if such transfer is deemed to cause high traffic demands due to the size of files and/or the number of users.

11.3 In no circumstances whatsoever will we be liable to you (whether in contract, for breach of duty, negligence, or otherwise) for any indirect, incidental, or special loss or damage, or any loss of business or contracts, profit, opportunity, goodwill, reputation, anticipated savings, or for any loss or corruption of data arising out of or in connection with any use of, or inability to use, the Service.

DEFINITIONS

“Materials” means any materials provided by Daren including without limitation any (a) information, data, documents, images, photographs, graphics, audio, videos; (b) Applications. “Content” means any data (a) uploaded into the Service for transmission, storage, or hosting, or (b) downloaded via the Service, by you, or by Daren (acting upon your instructions and on your behalf as part of a Service). “You” means you individually or the entity that you represent (and, as applicable, your Users). “Subscription Term” means the initial term of your authorized use of the Service, as set forth in the applicable Order, together with any renewal terms (if applicable). The initial term begins on the date on which you complete the purchase process.