1. These terms and conditions apply to all users of the UberSmartPhone.com cloud service (“the system”).
  2. Users agree to keep user IDs and passwords private and confidential.
  3. UberSmartPhone.com (“the vendor”) agrees to keep all images, videos, and information about the user private and confidential. The vendor will only use the user’s email address for communications that are part of conducting the business of providing service. Individual user information will not be shared with any third parties that are not directly involved in providing the service. As an example minimal limited user information is shared with the cloud computing hosting companies that provide resources for the system. Without this sharing the system could not operate.
  4. The vendor will use SSL (Secure Socket Layer) communications with the user’s devices and any third party cloud resources when communicating over the Internet.
  5. The user acknowledges that UberSmartPhone.com is not suitable for making emergency calls to 911 or other such services. Always use the native dialer on your phone when calling 911.
  6. The vendor’s staff have access to limited information, diagnostics, and statistics about user’s account as is necessary to provide support. Support staff do not have access to the recordings, SMS messages, or MMS media files stored in a user’s account.
  7. The user agrees to not use the system in a way that degrades the service experience of other users.
  8. The user agrees that the vendor may suspend the service of any user that is causing service degradation for other users without notice.
  9. The user owns all media files, recordings, logs, messages, and other content uploaded to the service, sent through the service, or received through the service.
  10. The system provides functions that allow the user to delete media files, recordings, messages, and log entries. The user acknowledges that deleted data is purged from the system and cannot be recovered.
  11. The user agrees to be responsible for all content uploaded or sent through the system. The user agrees to indemnify and save harmless the vendor in the event that the user’s content received by or transferred through the system causes offence or violates any laws or regulation.
  12. The user acknowledges that a number of third parties are involved in providing this cloud telephony service that are outside of the vendor’s direct control. These include power utilities, Internet service providers (ISP), and the vendor’s cloud computing service providers and sub-contractors. The vendor shall make its best efforts to achieve 99.9% up time. The user agrees that the vendor cannot be held responsible for direct or indirect damages caused by service outages, service interruptions, data loss, and media file loss.
  13. The user agrees that if a plan is not renewed before it expires that the vendor may purge all media files, messages, recordings, and logs without notice. The user also agrees that the vendor has the option, upon recording plan expiry, to keep the user content for a further 90 days for the sole purpose of enabling post-expiry reinstatement of the account by the user.
  14. The user agrees that under no circumstance will the vendor be liable for consequential or incidental damages related in any way to this service.
  15. The user is responsible for all cellular charges, Internet fees, bandwidth usage, data volume charges, and other costs related to their use of the system.
  16. The user acknowledges that in some legal jurisdictions recording private conversations without consent may be illegal or even criminal. The user is advised to seek legal counsel before using the call recording functions.
  17. In the event of a legal dispute this agreement shall be subject to the laws of the Province of Ontario, Canada.