RINGCENTRAL VIDEO TERMS OF SERVICE

 

 

 

Whether You are accessing the Service through an agreement between RingCentral and Your employer or in Your own capacity, We will only use Your personal information as set out in Our Privacy Notice. 

 

 

RingCentral Video is a cloud-based unified communications service that includes chat, video, mobile and desktop apps, and web clients that integrate with a growing list of applications. Collectively, all of these features and offerings qualify as the “Service” covered by this Agreement. Put another way, Your use of or access to the Service is governed by this Agreement. We offer both a free to use version of the Service (Video Pro) and paid subscriptions through Video Pro+ ("Subscriptions") to the Service. This Agreement covers the Video Service offered as both a recurring Subscription and a free service. 

 

If You use other RingCentral products or services, besides Video, Your use of those additional products or services may be subject to separate terms.

 

Please note that when you integrate Video with a third-party application (in other words, an application that We don’t own or run), this Agreement does not apply to Your use of the third-party application, and RingCentral does not control the terms of Your relationship with that third party. Be sure to carefully review the relevant terms and privacy notices provided by the third party before You use an integration.

 

When You read through this Agreement, You’ll notice that some terms are capitalized. Take a look at the last section of this Agreement for definitions of those capitalized terms.

 

This Agreement applies to both consumer and non-consumer users of the Services.  If You are accessing the Services as a consumer, as defined under the law of England and Wales ("Consumer"), You may have additional rights and specific provisions of this Agreement apply to You, as further set out below.  

 

You may not communicate with children under the age of 16, or invite children under the age of 16 to communicate with You, using the Service.  

  

Your use of the Service is dependent on You having sufficient internet access and any software or devices necessary to access the Service. If offered by RingCentral, such software or devices may be subject to charge – if any such charge is payable, We will notify You. Use of the Service with incompatible devices, services or networks, or failure to update Your devices or software, may result in an inability to use the Service. Whether a particular piece of software or device is compatible with the Service can change over time  

 

You are aware that the internet presents technical hazards and security risks that are beyond the implementation of the Service.  RingCentral is not responsible for any failures of Your Internet Service Provider or other third parties, including for the consequences of such failures, especially when they result in the unavailability and/or discontinuity of the Service.  The provision, quality and security of internet connectivity are the sole responsibility of the third party providing Your internet service.

  

You may use the Service only in compliance with this Agreement, applicable Law, and the Acceptable Use Policy available at https://www.ringcentral.com/gb/en/legal/acceptable-use-policy.html, which is incorporated into and forms part of this Agreement. Among other things, the Acceptable Use Policy prohibits you from (1) using or permitting the use of the Service to interfere with the use of any RingCentral service by others, or with the operation of RingCentral’s network(s), (2) reselling, or charging anyone else to access, the Service, and (3) committing fraudulent or illegal activity. We may update the Acceptable Use Policy from time to time by publishing the terms to www.ringcentral.com/gb/en/legal/acceptable-use-policy.html – as further set out below, We will notify You of any significant changes, and You may contact Us to end the Agreement before the significant changes take effect. 

 

Video Pro is a video calling and meeting product for use only by 2-100 participants, and may not be used by a single meeting participant.  If You require more than 100 participants, or if You wish to hold single meeting participant meetings, You must upgrade to Video Pro+ or RingEX.

 

We reserve the right, but are not obligated, to investigate any use that We reasonably suspect to be in violation of the Acceptable Use Policy. Any such monitoring will be in accordance with Our Privacy Notice. RingCentral may immediately terminate any videoconferencing meeting if RingCentral determines, in its sole discretion, that such use of the Services violates the Acceptable Use Policy or for any other reason permitted by applicable law.

 

You are prohibited from providing anyone else with access to Your log-in credentials for the Service, and You assume all responsibility for keeping your log-in credentials secure from unauthorized access. In addition to any other legal rights RingCentral may have, You are directly responsible to RingCentral for any use of Your account by someone else. 

 

You may have the option to store, upload, share or transmit Content in RingCentral systems in connection with Your use of the Service. As set out further below, We may change the functionality of the Service from time to time, and You are solely responsible for the Content you store, upload, share or transmit and for separately maintaining personal copies of all of your Content.  If You store, upload, share or transmit Content in RingCentral systems in connection with Your use of the Service, You promise that: (i) You either own, or have obtained all necessary third party licences or consents to use such Content; and (ii) Our use of the Content in connection with Our provision of the Services will not infringe any third party rights. 

 

If you need assistance with the Services, please visit our Support page.  

 

You will be entitled to access the Services once You have completed the registration process, and if applicable, subscribed for a Subscription.  Our acceptance of Your registration, and if applicable Your Subscription, will take place when We confirm with You that We have accepted Your registration and if applicable Your Subscription. 

 

If you subscribe to the paid version of Video (“Video Pro+”), your Subscription will last thirty days from the date of Your purchase and automatically renew for continuous thirty-day terms until either You or We terminate this Subscription Agreement.  If, at the time of purchase, you choose to pay annually you will be charged for the first twelve months of service, at the time of purchase. Your Subscription will last for twelve months from the date of Your purchase and will automatically renew for continuous twelve-month periods until either You or We terminate this Subscription Agreement.

 

On or after each date of automatic renewal, You authorize RingCentral to charge the Subscription charge, plus any applicable Taxes and fees, to the form of payment that You have provided to RingCentral.  The Subscription charge will be the amount quoted to You at the time You enter into this Subscription Agreement, unless RingCentral has provided you with at least 30 days’ notice that the cost of your Subscription will increase.  

 

If You are accessing the Service through Your employer, Your Service account or Subscription is subject to the terms of Our agreement with Your employer.  If Your employer's agreement with Us ends, You must create a new account using a different email address.

 

We may have to suspend the supply of the Services to: (i) address and remedy a technical or security problem; (ii) make minor technical changes; (iii) update the Service to reflect changes in relevant laws and regulatory requirements; or (iv) make changes to the Service as notified to You.  We will contact You in advance to tell You We will be suspending the Service, unless the problem is urgent or an emergency.   

 

Cancellation by You. As set out in Our Acceptable Use Policy, You may cancel a Subscription by notifying Us within thirty (30) days of the date in which the purchase becomes effective. If you do so, You will not owe any fees or charges for the services being cancelled in respect of any period subsequent to the date of such written notice (except those arising from continued usage), and shall be entitled to a pro-rata refund of any prepaid and unused fees for the services subject to the cancelation. You may cancel future renewals of Your Subscription before the date of automatic renewal at any time within Your administrative portal. If You cancel future renewals of Your Subscription, You will continue to be able to use the features and services covered by Your Subscription, and this Agreement will remain in force, until the end of Your current Subscription period.  You will not be refunded for any Subscription charges, taxes, or fees that were charged to You before You canceled automated renewals.  If you are a Consumer, you may have additional cancellation rights, as further set out below. 

 

Cancellation by Us. RingCentral may decline to renew Your Subscription at the end of any 30-day Subscription period for any reason allowable by law, which will result in the termination of this Subscription Agreement.  If You are a Consumer, Our rights to cancel Your renewal may be limited, as further set out below.

 

Termination by You. You may terminate this Agreement if: (i) if the Service is faulty or misdescribed (and We are unable to remedy the issue within a reasonable amount of time after You have notified us of the issue); (ii) You disagree with a price increase for a Subscription (as further set out in Section 5); (iii) We have told You about an upcoming change to the Service or these terms which You do not agree to (as further set out in Section 6); (iv) We have suspended supply of the Service or notify You We are going to suspend the Service in accordance with Section 4B, in each case for a period of more than thirty (30) days; or (v) We have significantly breached the terms of this Agreement (and We are unable to remedy the breach within a reasonable amount of time after You have notified us of the breach).  In each case, the Agreement will terminate once we have received notice from you unless remedied (as applicable), and We will refund You in full for any Services which have not been provided, and You may also be entitled to compensation. 

 

Termination by Us. Without prejudice to the other circumstances of termination provided in this Agreement, RingCentral reserves the right to terminate Your access to the Service at its sole discretion in writing or by email, at any time, and with reasonable notice, for any reason that is allowed under applicable law. Notwithstanding the above, in the event of: (i) malicious, unlawful or fraudulent use of the Services; (ii) use in violation of the rights of a third party; or (iii) breach of the terms of this Agreement, RingCentral may terminate Your access to the Services by immediately by email.  If We end the Agreement for this reason, You may need to pay Us reasonable compensation for the losses We incur as a result of Your breaking the Agreement. 

 

Additionally, We may write to You to let You know that We are going to stop providing the Services. We will let You know at least thirty days in advance of Our stopping the supply of the Services and will refund any sums You have paid in advance for Services which will not be provided. 

 

To end Your Agreement with Us, you may cancel services via You customer portal.   Please provide Your name, home address, details of the order and, where available, Your phone number and email address.  If you are a Consumer, additional methods of cancellation may be available to you, as further set out below.   

 

If You are accessing the Service in as a Consumer, You have a legal right to change Your mind about the Service within fourteen (14) days and receive a refund.  As set out in above and in Our Acceptable Use Policy, You may cancel Your Subscription to the Services within thirty (30) days of the date from which the purchase becomes effective.  This is more generous than Your legal rights. If You want to end the contract within the fourteen (14) day statutory cancellation period, You may do so by contacting Us in accordance with Section 4E, or by completing and returning to Us the withdrawal form set out in Annex I.  If you cancel during this period We will refund any sums paid by You for services We have not provided, but We may deduct from the refund reasonable compensation for the costs We incur as a result of You ending the Agreement.   

 

If Your access to the Service is through Your employer, Your Subscription fees may be paid by them.   

 

A. Billing and Automatic Renewal. If You have a Subscription, the price of the Subscription will be indicated on the order pages when You place Your order.  General information on pricing is available on Our Pricing page.  

 

On or after each date of automatic renewal, You authorize RingCentral to charge the Subscription fee, plus any applicable taxes and fees, to the form of payment that You have provided to RingCentral.  The Subscription fee will be the amount quoted to You at the time You enter into this Subscription Agreement, unless RingCentral has provided You with at least thirty (30) days’ notice that the cost of your Subscription will increase.  If You disagree with the increase in price, You are entitled to cancel your Subscription at any time prior to such price increasing becoming effective.

 

After each payment, RingCentral will send You an invoice. You expressly agree that the invoice will be electronic. The invoice will be communicated by e-mail and/or made available on Your administrative portal. It is Your responsibility to keep a copy of the invoice. 

 

B. Payment. You agree to pay all applicable and undisputed rates, fees, and charges related to Your Subscription.  You are responsible for providing accurate and up-to-date billing, contact and payment information.  In the event Your account does not have a valid payment source, or Your card issuer declines the payment, and You have not been able to rectify the issue after We have notified You, RingCentral may suspend or terminate Your Subscription. All rates, fees, and charges are exclusive of applicable Taxes, for which You are solely responsible.  Taxes may vary based on jurisdiction and the Services provided. Subject to Your cancellation rights set out above, the cost of the Subscription is due in its entirety. You will not be entitled to any reimbursement in the event of non-use, partial use, suspension or termination of the use of the Services.

 

C. Refunds. Where You are entitled to a refund pursuant to the terms of this Agreement, We will refund to You the applicable amount by the method you used for payment. 

 

D. Video Pro.  As of the date identified at the top of this page, RingCentral offers a Video Pro as a free version of RingCentral Video at no charge. At any time and in Our sole discretion, RingCentral may require payment for use of the Service in whole or in part. We will notify You if We no longer offer the free version, and if You choose not to pay such fees, You may lose access to the Service or parts of the Service. The paid version of the Service may be subject to additional or different terms.

 

A. Modification of Terms. You consent to RingCentral modifying this Agreement at any time upon providing You with reasonable notice.  For minor changes, we will update the Agreement as available on Our website, but if we make significant changes to the terms of this Agreement, we will provide you with thirty (30) days' notice of any such changes by email. If such changes result in a material detriment to You, you may terminate the Agreement pursuant to Section 4(D).  Your continued use of the Service after the notice period constitutes your agreement to the modified Agreement. 

 

B. Modification of the Services.  We may change the Service to reflect changes in the relevant laws and regulatory requirements, and to implement minor technical adjustments and improvements (for example, to address a security threat).  These changes will not affect Your use of the Service.   RingCentral may also modify the Services at any time, using a variety of methods, in particular add, modify or delete features, options or functionalities and upgrade their performance.  You will be informed of any substantial change likely to significantly degrade the services at least thirty (30) days before the change is effective (removal of functionality, reduction in performance) by email.  If You do not accept such changes, You may cancel Your Services.

 

We grant to You a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to use any software provided or made available by Us to You as part of the Service (“Software”) to the extent reasonably required to use the Service as permitted by this Agreement, only for the duration that You are entitled to use the Service. The foregoing licence is subject to, and conditioned upon, Your compliance with the terms of this Agreement. RingCentral may revoke this licence at any time, without any notice to You.

  

You may not:

a) sublicense, resell, distribute or assign Your right under the licence granted under this Agreement to any other person or entity; 

b) modify, adapt or create derivative works of the Software or any associated documentation;

c) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software; 

d) use the Software for infringement analysis, benchmarking, or for any purpose other than as necessary to use the Service You are authorized to use;

e) create any competing Software or Service; or 

f) remove any copyright or other proprietary or confidential notices on any Software or Service.

  

Except as expressly provided in this Agreement, the limited license granted to You under Section 7A (Limited License) does not convey any ownership or other rights or licences, express or implied, in the Service, any related materials, or in any Intellectual Property and no IP Rights or other rights or licences are granted, transferred, or assigned to You  or any other party by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved and retained by RingCentral and its licensors. The Software and Service may comprise or incorporate services, software, technology or products developed or provided by third parties, including open source software or code. You acknowledge that misuse of the Service may violate third-party IP Rights. 

 

To the extent reasonably required to provide You the Service, You grant Us a limited, personal, non-exclusive, royalty-free licence to use Your IP Rights in Your Content. You are solely responsible for ensuring You have any necessary third-party consent or authorizations to reproduce, transmit, copy, or receive any Content protected by third party IP Rights.

  

You may not use or display RingCentral trademarks, service marks or logos in any manner.   

 

A. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so.   This includes liability for: (i) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited by law.

 

B. If You are a Consumer, We are responsible to You for foreseeable loss and damage caused by us.  If We fail to comply with the terms of this Agreement, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this Agreement or Our failing to use reasonable care and skill.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both We and You knew it might happen.  

 

Additionally, we do not limit our liability for breach of Your legal rights in relation to the Services including the right to receive services which are: (i) as described and match information We provided to You; (ii) of satisfactory quality; (iii) fit for any particular purpose made known to us; and (iv) supplied with reasonable skill and care.

 

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

We are not responsible for events outside our control. If our provision of the Services or support for the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

 

You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Service in breach of this Agreement or from your violation of any applicable law or regulation.

 

C. If You are not a Consumer, to the fullest extent permitted by law, the service is provided “as is” and “as available.” RingCentral makes no other warranties, express or implied, including but not limited to the implied warranties of merchantability, non-infringement, quiet enjoyment, and fitness for a particular purpose and any warranties arising from a course of dealing or usage in trade, together with similar warranties, whether arising under any law or otherwise. To the extent that RingCentral cannot disclaim any such warranty as a matter of applicable law, the scope and duration of such will be limited to the fullest extent permitted by law.

 

To the fullest extent permitted by law, in no event will RingCentral or its Affiliates be liable for (i) indirect, incidental, consequential, exemplary, reputational, special or punitive damages of any kind; (ii) costs of procurement, cover, or substitute goods or services; (iii) loss of use, loss or corruption of data; or (iv) loss of business opportunities, profits, goodwill, or savings, whether in any of the foregoing, arising under contract, warranty, tort (including negligence), or any other theory of liability, even if RingCentral has been informed in advance of such damages or such damages could have been reasonably foreseen. RingCentral will not be liable for actions reasonably taken to comply with law.

 

To the fullest extent permitted by law, RingCentral’s total liability to You in connection with all disputes arising from this agreement shall not exceed the amount You have paid to RingCentral for access to and use of the Service with respect to the relevant time period giving rise to the dispute or £10, whichever is greater. 

 

You agree to indemnify and hold harmless RingCentral against all costs and legal fees incurred by RingCentral in defending, settling, paying damages for, or taking action to remediate (pursuant to an injunction or otherwise) any claim arising out of or in connection with i) a violation of applicable Law by You in connection with the use of the Service; ii) Your use of the Service in a manner not authorized by this Agreement, or iii) all claims relating to Your Content. 

  

You acknowledge that any misuse of the Services may cause RingCentral irreparable harm for which monetary damages will be inadequate and RingCentral may, in addition to other remedies available at Law or in equity, obtain injunctive relief without the necessity of posting a bond or other security, proof of damages, or similar requirement, in additional to any other relief to which RingCentral may be entitled under applicable Law.

 

RingCentral may send You account related notices or communications about your Services using the email address You provide within the Portal. Notices to RingCentral should be sent to RingCentral Legal, 25 Canada Square, Level 37, London, England, E14 5LQ.

 

The headings, section titles, and captions used in the Agreement are for convenience of reference only and will have no legal effect. All defined terms include related grammatical forms, and, whenever the context may require, the singular form of nouns and pronouns include the plural, and vice versa.  

 

C. Governing Law  

 

 

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.  Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation. 

 

If You are a Consumer and You live in the United Kingdom, these terms are governed by the law of England and Wales, and You can bring legal proceedings in respect of the Services in the courts of England and Wales.  If You live in Scotland You can bring legal proceedings in respect of the Services in either the Scottish or English and Welsh courts.  If You live in Northern Ireland You can bring legal proceedings in respect of the Services in either the Northern Irish or English and Welsh Courts. 

 

Any services, products, software, and technical information (including, but not limited to, services and training) provided pursuant to the Agreement may be subject to U.S. export Laws and regulations. You may not use, distribute, transfer, or transmit the services, products, software, or technical information (even if incorporated into other products) except in compliance with U.S. and other applicable export regulations. 

 

This Agreement makes up the entire agreement between RingCentral and You and supersedes any prior agreement regarding the Services. This means that if a court or relevant authority decides that any provision is unlawful, the remaining paragraphs of the Agreement will remain in full force and effect.

  

In the event any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision(s) will be stricken and the remainder of this Agreement will remain legal, valid and binding.  This means that if a court or relevant authority decides that any provision is unlawful, the remaining paragraphs of the Agreement will remain in full force and effect. 

 

The failure by either Party to exercise or enforce any right conferred by this Agreement will not be deemed to be a waiver of any such right or to operate so as to bar the exercise or enforcement of any such or other right on any later occasion. This means that if We do not insist immediately that You do anything You are required to do under this Agreement, or if We delay in taking steps against You in respect of Your breaking the terms of this Agreement, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.   Except as otherwise expressly stated in this Agreement, all rights and remedies stated in the Agreement are cumulative and in addition to any other rights and remedies available under the Agreement, at Law, or in equity. 

 

You promise that You have reached the age of majority in Your place of residence, possess the capacity to enter into the Agreement and understand these terms prior to accepting them. 

  

The rights and obligations of either Party that by their nature would continue beyond the expiration or termination of this Agreement will survive expiration or termination of this Agreement, including without limitation payment obligations, warranty disclaimers, indemnities, limitations of liability, definitions and miscellaneous. 

 

Neither party may assign its rights or obligations under the Agreement in whole or in part without the other party’s consent, except that RingCentral may assign, without notice to You, any of Our rights or obligations under these terms to any of Our Affiliates, successor entities or any entity with which We may merge or which acquires a controlling interest in or a substantial portion of Our stock or the assets of our business. This means that We may transfer our rights and obligations under these terms to another organization in certain circumstances, and that You may only transfer Your rights or Your obligations under this Agreement to another person if We agree to this in writing. 

 

This Agreement is between You and Us.  No other person has any rights under this Agreement. 

 

If you have a complaint in connection with this Subscription Agreement, any complaint should be addressed to the Customer Service of RingCentral: support@ringcentral.com. RingCentral undertakes to respond to any such claim within thirty (30) business days.