Legal Agreement

Terms & Conditions

Last Updated: January 1, 2025  |  Effective Date: January 1, 2025

⚠️ IMPORTANT: Please read these Terms and Conditions carefully before using DriveOnLLC services. By accessing or using our platform, you agree to be bound by these terms. If you do not agree, do not use our services.

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:

  • Generating, transmitting, or facilitating unsolicited commercial communications (spam) in violation of CAN-SPAM, TCPA, or similar legislation
  • Automated calling, robocalling, or artificial voice campaigns without proper consent and regulatory compliance
  • Harassment, threats, intimidation, or abusive communications of any nature
  • Fraud, impersonation, or deceptive practices including caller ID spoofing for fraudulent purposes
  • Transmitting illegal content including child exploitation material, incitement to violence, or hate speech
  • Unauthorized interception or recording of communications without all-party consent where legally required
  • Reselling or sublicensing DriveOnLLC services without prior written authorization
  • Attempting to circumvent, disable, or interfere with platform security measures
  • Network abuse, denial-of-service attacks, port scanning, or other malicious network activities
  • Mining or scraping platform data through automated means without written authorization
  • Violating any applicable federal, state, local, or international laws or regulations
  • 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:

  • Maintaining the security and confidentiality of all account credentials, API keys, and authentication tokens
  • Immediately notifying DriveOnLLC of any unauthorized access or suspected security breach at security@driveonllc.us
  • Ensuring all users within your organization comply with these Terms and applicable law
  • Maintaining adequate internet bandwidth and network infrastructure for optimal VoIP service quality
  • Providing accurate and current account information including billing details and authorized contacts
  • Configuring proper consent mechanisms for call recording when using our Recording service
  • Ensuring your use of integrated CRM and third-party applications complies with applicable data protection laws
  • All activities conducted through your account, whether authorized by you or not
  • 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:

  • 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
  • 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
  • Late Payments: Overdue balances accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower
  • Taxes: All fees are exclusive of applicable taxes including sales tax, VAT, GST, or similar charges, which are your responsibility
  • Disputes: Billing disputes must be raised within 30 days of the invoice date by contacting billing@driveonllc.us
  • Refund Policy: Annual prepaid subscriptions are non-refundable. Monthly subscriptions may qualify for pro-rated refund upon written request within 7 days of billing

💳 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.

  • 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
  • You may not reverse engineer, decompile, disassemble, modify, or create derivative works of the DriveOnLLC platform or software
  • You may not copy, reproduce, distribute, or publicly display any DriveOnLLC proprietary materials
  • The DriveOnLLC name, logo, and product names are registered trademarks. Unauthorized use is strictly prohibited
  • You retain ownership of all Customer Data (call records, communications, content) uploaded to or generated by your use of the platform
  • You grant DriveOnLLC a limited license to process and store your Customer Data solely to provide the contracted services
  • 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:

  • Uptime SLA: 99.99% monthly uptime target with Service Credits as the sole remedy for downtime events
  • Service Credits: For uptime below SLA thresholds, credits of 5-25% of monthly fee apply as detailed in our SLA documentation
  • 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
  • Scheduled Maintenance: Up to 4 hours of scheduled maintenance per month excluded from SLA calculations
  • Beta Features: Features designated as "Beta" or "Preview" are provided as-is without SLA guarantees
  • 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:

  • Termination by Customer: With 30 days written notice for month-to-month plans; annual plans require notice before renewal date
  • Termination by DriveOnLLC for Cause: Immediately upon material breach, acceptable use violation, fraudulent activity, or non-payment
  • Immediate Suspension: DriveOnLLC may immediately suspend services upon detecting abuse, security threats, illegal activity, or platform integrity risks
  • Notice of Suspension: Except in emergencies, we will provide 24 hours notice before suspension and opportunity to cure
  • Data Upon Termination: Following termination, Customer Data will be available for export for 30 days, after which it will be permanently deleted
  • Survival: Provisions regarding payment, intellectual property, limitation of liability, and governing law survive termination
  • 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.

  • 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
  • DriveOnLLC is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages including lost profits, revenue, data, or business interruption
  • DriveOnLLC is not responsible for the content of communications transmitted through the platform
  • Call quality issues caused by insufficient internet bandwidth, network congestion, or customer-side equipment are outside DriveOnLLC's liability
  • These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise)
  • 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.

  • 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
  • Class Action Waiver: You waive any right to participate in class action lawsuits against DriveOnLLC
  • Injunctive Relief: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction for intellectual property violations
  • Entire Agreement: These Terms, together with the Privacy Policy and executed Order Forms, constitute the entire agreement between the parties
  • Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect
  • Waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right
  • 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:

Legal Department

legal@driveonllc.us

General Inquiries

info@driveonllc.us

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.

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