Terms of Service

Services Provided

2nd Number offers you, among other things, the ability to record local toll, domestic long distance and international telephone calls. These services are provided on a free or pre-paid basis and do not require you to change your current telephone service provider(s). 2nd Number is not responsible for reimbursement for calls made with another service while 2nd Number is temporarily unavailable.

Opening an Account

In order to become a 2nd Number customer, you must complete an application form through our mobile app, and must agree to these terms and conditions. As part of the application, you will provide 2nd Number with the unique phone number from which you will be placing calls. 2nd Number will then send you an electronic notification (in the form of a text message) to the unique number confirming that you have become a 2nd Number customer and identifying your 2nd Number account ("Account").

Acceptable Conduct

1.Please read the policy carefully before you use or access our Services. By accepting this Terms of Service, you agree with our collection, storage, use and disclosure of your information as described in the following sections. We reserves the right, at our discretion, to change, update or modify this Terms of Service at any time by posting such change, update or modification on the website and in the app stores from which Apps are made available. Any such change, update or modification will be effective immediately upon notice. Using the functions of the application implies consent to send and receive SMS.

IMPORTANT: BY USING THIS APPLICATION AND/OR OUR PRODUCTS AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO OUR Privacy Policy. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE DO NOT USE THIS APPLICATION OR OUR PRODUCTS AND SERVICES.

2.You agree to use the 2nd Number services only for purposes that are lawful in the jurisdictions where you are calling from and calling to. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law.

3.In particular, depending on the state or country in which you are located or the person you are calling is located, you may violate a country’s or a state’s criminal law or create civil liability for yourself by listening in on or recording a telephone conversation without informing the other parties that you are doing so.

4.2nd Number reserves the right to immediately, and without notice, terminate or discontinue your Account in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorized access to voicemail, 2nd Number may monitor or record customers' calls and provide call detail records or recordings to law enforcement agencies.

No emergency 911 calling capabilities

The Services do not feature all of the services of a mobile phone. You cannot make 9-1-1 emergency calls using the Services.

You acknowledge and understand that 2ndNumber will not be liable for any inability to access 9-1-1 emergency services through the Services. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, 2ndNumber, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE NON-PROVISION OF 9-1-1 CALLING CAPABILITIES THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF YOU OR OTHER USERS TO ACCESS 9-1-1 EMERGENCY SERVICES, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS 2ndNumber, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE NON-PROVISION OF 9-1-1 CALLING CAPABILITIES THROUGH SERVICES.

Account Security

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account is being used in an unauthorized manner, you agree to contact 2nd Number within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the mobile phone number that you have provided to 2nd Number. 2nd Number is not responsible for the actions of any person that accesses the service through that phone number. Please note that you are responsible for any and all charges to your account and 2nd Number cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or Account.

Message Usage Instructions

2nd Number is a utility program designed to enhance your device experience. The App allows you to obtain an additional phone number for communication. It enables you to make international calls, record your calls, and send/ receive SMS/ MMS messages. 2nd Number will send out system messages including but not limited to Two Factor Authentication (2FA), welcome messages, account notifications, customer care updates, newsletters and service-related messages. Message frequency may vary. Message and data rates may apply.

Each message from 2nd Number provides instructions on how to opt out of receiving future messages. If you no longer wish to receive messages from 2nd Number, you can opt out at any time by sending: STOP, UNSUBSCRIBE, CANCEL, QUIT, END, or STOPALL.

If you prefer not to receive any future messages or want your name to be removed from our mailing list, please contact us at mobileusercontact@gmail.com. However, please note that certain administrative messages necessary for the service, such as billing or service notifications, cannot be opted out as a user of 2nd Number.

If you want to resubscribe and start receiving messages, simply send START.

If you need further assistance from 2nd Number, please send HELP. Alternatively, you can contact our team at mobileusercontact@gmail.com, and we will get back to you shortly.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Phone Number Ownership

You understand and agree that the Service issues temporary phone numbers for limited time use. As such, you understand and agree that you are not the owner of any toll-free, local telephone number or any other number assigned to you by the Service, and further, you understand and agree that you may not port any such assigned number from the Service to another service provider. Certain telephone numbers may not be available for assignment but get issued to you in error. All assigned numbers are provided “as is” and 2nd Number makes no warranty, representation or guarantee that any assigned number will be usable or “clean” when assigned or anytime thereafter, and you understand and agree that 2nd Number may from time to time at its sole discretion change the telephone number assigned to you. 2nd Number will not be liable for any damages (including without limitation consequential or special damages) arising out of any such reassignment or change of a telephone number.

Phone Number Availability

2nd Number cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. 2nd Number will not be liable for reimbursement for any expenses or any other damages you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationery, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including without limitation consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time.

User Responsibilities and Code of Conduct

You will not use the Outbound Calling, Inbound Calling and Texting Service to do any of the following:

· Transmit any communication, content, or message that is obscene, violent, harassing, indecent, fraudulent, defamatory, libelous, pornographic, or contains threats or incites violence towards any person or entity;

· Generate and distribute bulk mail, spam, chain-linked messages, calls or any similar content including any such activity that violates any Federal Trade Commission, Federal Communications Commission regulations, or state laws or regulations. Or advertising or promotion of commercial services or products and or attempts to fundraise or solicit money from any other Services user.

· Operate under a false identity or by impersonating any person or third-party entity;

· Violate any third-party’s legal rights such as, but not limited to, intellectual property, copyrights, rights of privacy or rights of publicity;

· Advocate illegal activities, and more generally discuss an intent to commit illegal activities including phishing or mislead recipients as to the source of the material (such as spoofing);

· Generate, download, upload or transmit, whether by voice or text message, any kind of advertisement or solicitations of commercial activities;

· Or contains links to, files that contain viruses, malware, corrupted files, or any other similar software, programs or files.

Payment

2nd Number's SERVICES ARE PROVIDED ON A FREE (Lite) OR PREPAID BASIS (Pro). YOU CAN PAY FOR THE PRO VERSION THROUGH THE iOS APP STORE, GOOGLE PLAY STORE, OR ON 2nd Number. 2nd Number does not issue refunds for billed services. Prices for 2nd Number may change at any time, and price protection or refunds in the event of a price reduction or promotion will not be offered. If a technical problem arises affecting application usage the sole remedy is a refund of the price paid, as determined by us, the App Store or Google Play store.

Recording Retention Policy

Any recordings made through your Account may be erased by 2nd Number at any time after one year from the date the recording was made. Therefore, you should download your own copy of any recording soon after you make the recording using 2nd Number. If you have questions about 2nd Number recordings, please contact customer service at APP SUPPORT

Rates

2nd Number's rates for services are listed in its app and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making any call using 2nd Number's services. 2nd Number reserves the right to modify its rates at any time and/or to offer special promotions.

Features

We may from time to time introduce new features to a service or modify or delete existing features. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the modified terms of this Agreement, including any specific rules concerning those features.

Billing Information

2nd Number does not send invoices to its customers. Instead, you have confidential access to your Account balance information through the mobile app store.

Billing Disputes

You must notify 2nd Number by e-mail of any disputed charges or incorrect payment amounts. 2nd Number will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent 2nd Number determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify 2nd Number of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.

Ownership of Account

2nd Number recognizes the person who controls the registered mobile phone number as the sole owner of the Account.

Subscription Terms

Payment will be charged to iTunes Account at confirmation of purchase.

Title:One Week No Trial - Call Plus Premium

Length of Subscription: 1 Week

Price: $6.99/Week

Title:One Month No Trial - Call Plus Premium

Length of Subscription: 1 Month

Price: $12.99/Month

Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

Cancellation

You may discontinue service at any time upon notice (either electronic or written) to 2nd Number. We will then shut down access to your Account. You will not be entitled to any refund of the unused balance in your Account if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.

Termination

2nd Number reserves the right, at its sole discretion and for any reason, (a) to terminate this Agreement and your access to its services, upon one (1) day’s electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, 2nd Number has the right to put an Account immediately on hold until further investigation takes place.

Taxes

2nd Number reserves the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.

Limitation of Liability

2nd Number SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS. 2nd Number SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF 2nd Number HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2nd Number IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. 2nd Number IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. 2nd Number SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. 2nd Number ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE 2nd Number SERVICES IN ANY COUNTRY.

No Warranties

2nd Number DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. 2nd Number ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE LEGALITY OF THE USE OF ANY OF THE 2nd Number SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.

Force Majeure

2nd Number shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of 2nd Number.

Indemnity

You agree to indemnify, defend and hold 2nd Number, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney’s fees, which are the result of, or are in any way related to, your use of the WebSite or 2nd Number's services, or your transactions or communications with third-party vendors initiated via the Website.

Arbitration

All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.

Consent to Communications

By entering into this agreement, you consent to the receipt of electronic mail ("e-mail"), text messages and customer service phone communication from 2nd Number. In addition to sending you text message notifications as provided for above, 2nd Number may also send you communications about services and products we believe may be of interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail at email protected 2nd Number reserves the right, however, to continue to contact you regarding important information relating to your Account, or this agreement.

Modifications/Amendments

This agreement may be modified or amended by 2nd Number at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under "Terms and Conditions." Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.

Trademarks

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of 2nd Number (collectively "Marks"), including but not limited to "2nd Number" are and shall remain the exclusive property of 2nd Number and nothing in this agreement shall grant you the license to use such Marks without the express written permission of 2nd Number. 2nd Number retains ownership and all rights to the 2nd Number name, logo, software, databases, reports, web site, and information. 2nd Number reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by 2nd Number. However, each individual user has the right to use the 2nd Number name on his, her or its site to further promote the 2nd Number service to the Internet community.

Severability

If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.

Integration - Entire Agreement

This agreement, together with any written amendments or modifications, constitutes the entire agreement between you and 2nd Number with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and 2nd Number.

Governing Law

This agreement, and all modifications and amendments thereto, shall be governed by the law of the State of New York, U.S.A., without giving effect to its conflicts of laws principles.

Disclaimer

The materials contained on this web site are provided for general information and entertainment purposes only and do not constitute any form of advice. 2nd Number assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other web sites may at times be provided for your enjoyment, but 2nd Number accepts no responsibility or liability for access to or the material on any web site which is linked from or to this web site. By providing links to other sites, 2nd Number does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by 2nd Number.