1. Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding
agreement between you ("Customer," "User," or "Subscriber") and
DriveOnLLC LLC ("DriveOnLLC," "Company," "we," "us," or "our"), a
limited liability company incorporated under the laws of the State
of New York, with its principal place of business at 667 Madison
Ave, New York, NY 10065, USA.
By (a) creating an account, (b) accessing or using any DriveOnLLC
service, platform, or website, (c) clicking "I Agree" or similar
acceptance mechanisms, or (d) signing an Order Form or Statement
of Work referencing these Terms, you represent that you have read,
understood, and agree to be bound by these Terms, our Privacy
Policy, and any applicable Service Level Agreements, all of which
are incorporated herein by reference.
If you are accepting on behalf of a company or other legal entity,
you represent and warrant that you have the authority to bind that
entity to these Terms, in which case "you" and "your" will refer
to that entity.
📋
Enterprise Agreements:
Enterprise customers with executed Master Service Agreements
(MSA) or Order Forms may have terms that supplement or supersede
specific provisions of these Terms. In case of conflict, the
executed enterprise agreement shall prevail.
2. Acceptable Use Policy
DriveOnLLC services must be used only for lawful, legitimate
business communication purposes. The following uses are strictly
prohibited and may result in immediate account termination and
legal action:
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Generating, transmitting, or facilitating unsolicited commercial
communications (spam) in violation of CAN-SPAM, TCPA, or similar
legislation
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Automated calling, robocalling, or artificial voice campaigns
without proper consent and regulatory compliance
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Harassment, threats, intimidation, or abusive communications of
any nature
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Fraud, impersonation, or deceptive practices including caller ID
spoofing for fraudulent purposes
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Transmitting illegal content including child exploitation
material, incitement to violence, or hate speech
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Unauthorized interception or recording of communications without
all-party consent where legally required
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Reselling or sublicensing DriveOnLLC services without prior
written authorization
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Attempting to circumvent, disable, or interfere with platform
security measures
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Network abuse, denial-of-service attacks, port scanning, or
other malicious network activities
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Mining or scraping platform data through automated means without
written authorization
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Violating any applicable federal, state, local, or international
laws or regulations
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Violating the privacy rights of others, including unauthorized
collection of personal data
⚠️ Monitoring: DriveOnLLC
reserves the right to monitor platform usage for acceptable use
compliance. Violations will result in immediate service
suspension without refund and may be reported to relevant law
enforcement authorities.
3. Service Usage & VoIP
Regulations
DriveOnLLC provides enterprise VoIP, cloud communication, and
related services subject to the following conditions:
3.1 Emergency Services (E911)
VoIP services operate differently from traditional telephone
systems with respect to emergency services. You acknowledge
that: (a) E911 functionality may be limited or unavailable in
certain configurations; (b) users must register their physical
location in the platform for E911 to function; (c) DriveOnLLC's
liability for E911 failures is limited as permitted by
applicable law. Customers are responsible for providing
alternative means for emergency contact.
3.2 Regulatory Compliance
Customers are solely responsible for compliance with all
applicable telecommunications regulations, including but not
limited to FCC regulations, state public utility commission
requirements, TCPA, TRACED Act, Stir/Shaken compliance, and
international telecommunications laws for cross-border
communications.
3.3 Service Availability
While DriveOnLLC targets 99.99% uptime under our SLA, service
availability depends on internet connectivity, third-party
carrier networks, and factors outside our reasonable control.
Services may be temporarily unavailable during scheduled
maintenance windows (communicated with minimum 72 hours notice)
or emergency maintenance.
4. User Responsibilities
As a DriveOnLLC customer, you are responsible for:
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Maintaining the security and confidentiality of all account
credentials, API keys, and authentication tokens
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Immediately notifying DriveOnLLC of any unauthorized access or
suspected security breach at security@driveonllc.us
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Ensuring all users within your organization comply with these
Terms and applicable law
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Maintaining adequate internet bandwidth and network
infrastructure for optimal VoIP service quality
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Providing accurate and current account information including
billing details and authorized contacts
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Configuring proper consent mechanisms for call recording when
using our Recording service
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Ensuring your use of integrated CRM and third-party applications
complies with applicable data protection laws
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All activities conducted through your account, whether
authorized by you or not
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Training your agents and users on platform features and
compliance requirements
5. Payments & Billing
The following payment terms apply to all DriveOnLLC subscriptions
and services:
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Billing Cycle: Subscription
fees are billed in advance on a monthly or annual basis as
specified in your Order Form
-
Usage-Based Charges:
Usage-based fees (minutes, SMS, storage) are billed in arrears
based on actual consumption
-
Payment Methods: We accept
major credit cards, ACH bank transfer, and wire transfer for
enterprise accounts
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Auto-Renewal: Subscriptions
automatically renew at the end of each billing period unless
cancelled with 30 days notice
-
Price Changes: DriveOnLLC
may adjust pricing with 60 days written notice. Continued use
after the effective date constitutes acceptance
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Late Payments: Overdue
balances accrue interest at 1.5% per month or the maximum rate
permitted by law, whichever is lower
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Taxes: All fees are
exclusive of applicable taxes including sales tax, VAT, GST, or
similar charges, which are your responsibility
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Disputes: Billing disputes
must be raised within 30 days of the invoice date by contacting
billing@driveonllc.us
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Refund Policy: Annual
prepaid subscriptions are non-refundable. Monthly subscriptions
may qualify for pro-rated refund upon written request within 7
days of billing
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Enterprise Billing:
Enterprise accounts may request custom payment terms, purchase
orders, and net-30/60 payment arrangements. Contact your
dedicated Account Manager or email enterprise@driveonllc.us.
6. Intellectual Property
All intellectual property rights in the DriveOnLLC platform,
software, documentation, trademarks, and related materials are and
shall remain the exclusive property of DriveOnLLC or its
licensors.
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DriveOnLLC grants you a limited, non-exclusive,
non-transferable, revocable license to access and use the
platform solely for your internal business purposes during your
subscription term
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You may not reverse engineer, decompile, disassemble, modify, or
create derivative works of the DriveOnLLC platform or software
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You may not copy, reproduce, distribute, or publicly display any
DriveOnLLC proprietary materials
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The DriveOnLLC name, logo, and product names are registered
trademarks. Unauthorized use is strictly prohibited
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You retain ownership of all Customer Data (call records,
communications, content) uploaded to or generated by your use of
the platform
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You grant DriveOnLLC a limited license to process and store your
Customer Data solely to provide the contracted services
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Feedback, suggestions, or ideas submitted to DriveOnLLC become
our property and may be incorporated into the platform without
compensation
7. Service Limitations
& SLA
DriveOnLLC provides services based on commercially reasonable
efforts and the following service parameters:
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Uptime SLA: 99.99% monthly
uptime target with Service Credits as the sole remedy for
downtime events
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Service Credits: For uptime
below SLA thresholds, credits of 5-25% of monthly fee apply as
detailed in our SLA documentation
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Force Majeure: DriveOnLLC
is not liable for service disruptions caused by acts of God,
cyberattacks, internet outages, government actions, or other
events beyond our reasonable control
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Scheduled Maintenance: Up
to 4 hours of scheduled maintenance per month excluded from SLA
calculations
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Beta Features: Features
designated as "Beta" or "Preview" are provided as-is without SLA
guarantees
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Third-Party Dependencies:
Service quality may be affected by PSTN carrier networks,
internet service providers, and third-party integrations beyond
our control
8. Suspension & Termination
Either party may terminate the service agreement as follows:
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Termination by Customer:
With 30 days written notice for month-to-month plans; annual
plans require notice before renewal date
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Termination by DriveOnLLC for Cause:
Immediately upon material breach, acceptable use violation,
fraudulent activity, or non-payment
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Immediate Suspension:
DriveOnLLC may immediately suspend services upon detecting
abuse, security threats, illegal activity, or platform integrity
risks
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Notice of Suspension:
Except in emergencies, we will provide 24 hours notice before
suspension and opportunity to cure
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Data Upon Termination:
Following termination, Customer Data will be available for
export for 30 days, after which it will be permanently deleted
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Survival: Provisions
regarding payment, intellectual property, limitation of
liability, and governing law survive termination
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Number Porting Out:
Customers may port telephone numbers to another carrier before
or within 30 days of termination
9. Disclaimer of Warranties &
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
⚠️ DISCLAIMER: THE
DRIVEONLLC PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE.
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DriveOnLLC's total aggregate liability for any claims arising
from your use of services is limited to the fees paid in the 12
months preceding the claim
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DriveOnLLC is not liable for indirect, incidental, special,
consequential, punitive, or exemplary damages including lost
profits, revenue, data, or business interruption
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DriveOnLLC is not responsible for the content of communications
transmitted through the platform
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Call quality issues caused by insufficient internet bandwidth,
network congestion, or customer-side equipment are outside
DriveOnLLC's liability
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These limitations apply regardless of the theory of liability
(contract, tort, negligence, or otherwise)
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Some jurisdictions do not allow certain liability limitations —
applicable law may modify these terms
10. Governing Law & Dispute
Resolution
These Terms are governed by and construed in accordance with the
laws of the State of New York, United States, without regard to
its conflict of law principles.
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Jurisdiction: Any legal
action or proceeding shall be brought exclusively in the state
or federal courts located in New York County, New York
-
Arbitration: Disputes not
resolved informally within 30 days of written notice shall be
submitted to binding arbitration administered by JAMS under its
Commercial Arbitration Rules
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Class Action Waiver: You
waive any right to participate in class action lawsuits against
DriveOnLLC
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Injunctive Relief: Either
party may seek injunctive or other equitable relief in any court
of competent jurisdiction for intellectual property violations
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Entire Agreement: These
Terms, together with the Privacy Policy and executed Order
Forms, constitute the entire agreement between the parties
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Severability: If any
provision is found unenforceable, the remaining provisions
remain in full force and effect
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Waiver: Failure to enforce
any right under these Terms does not constitute a waiver of that
right
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Amendments: DriveOnLLC may
update these Terms with 30 days notice. Continued use
constitutes acceptance of updated Terms
11. Contact Information
For questions about these Terms and Conditions, legal notices, or
enterprise agreements:
Mailing Address
DriveOnLLC LLC
667 Madison Ave
New York, NY 10065,
USA
By using DriveOnLLC services, you acknowledge that you have read,
understood, and agree to be bound by these Terms and Conditions,
our Privacy Policy, and any applicable Service Level Agreements.
These documents together constitute the complete and exclusive
agreement between you and DriveOnLLC.