The following terms and conditions apply to your use of the Cloud Services. Please read these terms carefully. By using the Cloud Services you agree that you have read, understood and agree to these terms. If you do not agree to these terms you must not use the Cloud Services.

Introduction

The Cloud Services are ultimately operated by StarLeaf Limited (“StarLeaf”). StarLeaf is a company registered in England and Wales with company registration number 066215999, whose registered address is at 6th Floor, One London Wall, London, EC2Y 5EB, United Kingdom.

Should you have any questions about these terms or wish to contact StarLeaf for any reason whatsoever, please contact StarLeaf by email at info@starleaf.com.

Contracting Entity

For customers located in North America or in the Caribbean: StarLeaf, Inc. located at 333 W. El Camino Real Suite 250, Sunnyvale CA 94087 USA;

for customers located in Brazil: StarLeaf Brasil Servicos de Technologia LTDA., 3º andar, Alameda Campinas 977, SP 01404-001, Brazil; and

for customers in all other countries: StarLeaf Limited, 6th Floor, One London Wall, London, EC2Y 5EB, United Kingdom.

Defined Terms

Customer / End user The ultimate end Customer (legal or natural person) who is using the StarLeaf products and/or services.
Cloud Services All or any of the following:
  • StarLeaf Hardware Connection Services;
  • H.323 Connection Services;
  • StarLeaf app Services;
  • StarLeaf Breeze Services;
  • StarLeaf Conferencing Services;
  • StarLeaf Encore Recording Services.
Endpoint Any hardware device used for encoding and decoding audio-visual communications which is registered to the StarLeaf Cloud.
StarLeaf Portal or Portal The web portal provided by StarLeaf through which StarLeaf Cloud Services may be configured and accessed by Resellers and End Users.
StarLeaf Cloud The platform which provides the Cloud Services and the StarLeaf Portal.

Use of the Cloud Services

StarLeaf’s Cloud Services include, but are not limited to:

  • Audio and video call control;
  • Audio and video calling and conferencing;
  • Messaging;
  • Bandwidth management;
  • Firewall traversal;
  • Third party video interoperability;
  • Screen sharing;
  • Audio and video encryption;
  • “Video” mailboxes (i.e. voicemail with video);
  • Directory services;
  • Automatic software updates and upgrades for connected endpoints.

Your use of any of the Cloud Services and/or StarLeaf’s products may be subject to other contracts and/or licenses you may have with StarLeaf. If there is any conflict or inconsistency between these terms and your other contracts and/or licenses you have with StarLeaf, the terms of your other contracts and/or licenses will take precedence over these terms.

You agree to use the Cloud Services only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use of the Cloud Services.

Access to the Portal is permitted on a temporary basis and is at StarLeaf’s discretion. StarLeaf reserves the right to withdraw or amend any of the Cloud Services available via the Portal. StarLeaf will not be liable if for any reason the Portal is unavailable at any time or for any period, other than as provided by StarLeaf’s Cloud Services SLA.

Access to the StarLeaf App and the Portal is restricted to users who have registered with StarLeaf. On registering with StarLeaf, you may be issued with a user name, password 6-digit code or any other piece of information as part of the security procedures, which must be treated as confidential, are personal to you and are not transferable to any other person. Such pieces of security information are the methods used by StarLeaf to identify you and so are very important and you may not adapt or circumvent the systems in place, nor access any of StarLeaf’s products or services other than through normal operations. StarLeaf has the right to disable any user name or password at any time, if in StarLeaf’s opinion you have failed to comply with any of the provisions of these terms of use.

When using the Cloud Services you must comply with the provisions of our fair usage policy. In particular:

  • “mass calling” or automatic dialing or messaging to multiple numbers or users using computer managed lists and pre-recorded messages is not permitted.

The fair usage policy is designed to prevent fraud and abuse of our Cloud Services. If we determine that your use of the Cloud Services is at any time inconsistent with the normal inbound or outbound usage patterns for the type of service that you have purchased, or if in our opinion you have failed to comply with any of the specific provisions of the fair usage policy, we have the right to suspend or discontinue service.

Domain names

StarLeaf owns the domain call.sl. This domain is used to create individual organization-level sub-domains, in the format companyzyx.call.sl, for licenced StarLeaf Cloud Services users. StarLeaf ultimately owns, manages and controls all such sub-domain names. As such, StarLeaf retains the right at its sole discretion to add, delete or restrict the use of all sub-domain names. Users agree not to knowingly create or request sub-domain names which are offensive, or intentionally misleading.

Emergency calls

StarLeaf’s Cloud Services do not support emergency calls to emergency services of any kind. The StarLeaf telephones, hardware and software endpoints (“StarLeaf Products”) are not a traditional telephone service and do not provide a replacement for your primary telephone service. There are important differences between traditional telephone services and the StarLeaf Products and you should not rely on the StarLeaf Products to access emergency services. It is your responsibility to purchase, separately from the StarLeaf Products, traditional wireless or fixed line telephone services that offer access to emergency services. It is your responsibility to be aware that it is not possible to support or carry emergency calls using the StarLeaf Products, and that you or your users should access emergency services using alternative arrangements.

Intellectual property rights

StarLeaf owns (or is licensed to use) all intellectual property rights in the Cloud Services and in the material published on the Portal. Such intellectual property rights will include, but not be limited to, all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights together with the website design, text and graphics and their selection and arrangement, and all other present and future rights in the nature of intellectual property rights.

You are permitted to download and print content from the Portal and from the StarLeaf Knowledge Center (https://support.starleaf.com/). Such content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without StarLeaf’s express written permission.

If you print off, copy or download any StarLeaf materials in breach of these terms, your right to use the Cloud Services will immediately cease and you must, at StarLeaf’s option, return or destroy any copies of the materials you have made.

Liability

Your use of the Cloud Services is provided without warranty. StarLeaf excludes all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. StarLeaf does not guarantee that the Cloud Services will be fault free and does not accept any liability for any errors or omissions.

StarLeaf warrants that the Cloud Services and the Portal, collectively “the StarLeaf Cloud” does not infringe any third party’s intellectual property rights.

Information transmitted using the Cloud Service will pass over public communications networks. StarLeaf cannot guarantee that the Cloud Services will be accessible at all times, and accepts no liability if they are not accessible due to: failure of equipment, systems, connections or services not provided by StarLeaf (including, but not limited to: network connectivity problems caused by third party Internet Service Provider or other user Internet connectivity issues; End User’s firewall software, hardware or security settings; user’s configuration of anti-virus software or anti-spyware or malware software, or any other third party software or equipment).

StarLeaf cannot guarantee that the Cloud Services will be available at all times, and accepts no liability for any service outage, other than in the circumstances described in the StarLeaf’s Cloud Services SLA.

The Portal may contain links to other websites. StarLeaf accepts no responsibility or liability for any material supplied or contained on any third party website which is linked from or to the Portal, or any use of personal data by such third party.

To the extent permitted by law, StarLeaf, other members of StarLeaf’s group of companies and persons who act on StarLeaf’s behalf, will not be liable for any indirect or consequential loss or damage incurred by you in connection with the Portal or the Cloud Services available via it or in connection with the use, inability to use, or results of the use of the Portal or the Cloud Services available via it and any materials posted on or transmitted through them, whether in contract, tort (including, without limitation, negligence) or otherwise, and even if foreseeable, including:

  • loss of profits;
  • loss of goodwill;
  • loss of business;
  • loss of contracts;
  • loss of revenue or anticipated savings; and
  • loss or corruption of data.

Nothing in these terms shall exclude or limit StarLeaf’s liability in respect of death or personal injury caused by negligence or fraud (including fraudulent misrepresentation) or any other liability which cannot be limited or excluded under applicable law.

Privacy

To use our Cloud Services, you need to create an account with us. When you create an account, and subsequently manage your account, you will provide us with certain personal information about you and other people in your organization that may use the Cloud Services (“Account Information“).

We also collect certain personal information (excluding Account Information) in the course of providing the Cloud Services, including call detail records (“Service Information“). To the extent that we process the Service Information on your behalf in the course of providing the Cloud Services, we will be a data processor. In those circumstances, we will only process the Service Information in accordance with your written instructions, and will take and maintain appropriate technical and organizational measures to protect against unauthorized or unlawful processing of the Service Information, and against accidental loss or destruction of, or damage to, the Service Information.

We may also process the Service Information for our own purposes, including where we process Service Information for the purposes of monitoring usage trends and managing network capacity. In those circumstances, we will be a data controller. We anonymize and aggregate call detail records ninety (90) days from the date of collection.

We will use the Account information and the Service Information (to the extent that we use the Service Information for our own purposes) in accordance with our privacy policy. By using the Cloud Services, you confirm that you have read and understood our privacy policy. Further, you warrant that all information provided by you (including Account Information) is accurate.

Variations to these terms

These terms may be amended by StarLeaf in its discretion from time to time and the latest version will always be available from https://support.starleaf.com/legal/. By continuing to use the Cloud Services you agree to be bound by the terms of these updates and amendments.

General

If any of these terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms shall remain in full force and effect.

Only you and StarLeaf shall be entitled to enforce these terms. No third party shall be entitled to enforce any of these terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These terms set out the entire agreement between you and StarLeaf with respect to your use of the Cloud Services, and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.

These terms are governed by the law of England and Wales. In the event of any matter or dispute arising out of or in connection with these terms, you and StarLeaf shall submit to the exclusive jurisdiction of the courts of England and Wales.