Terms of Service

These Terms of Service (the "Terms") are a binding agreement between Oregon Logistics, Inc., doing business as cyberscaler ("cyberscaler," "we," "us"), and the business that signs up for, applies for, or uses our services ("Customer," "you"). They cover our website, customer portal, phone system, phone numbers, business texting, softphone apps, unified inbox, call recording, transcription, AI features and anything else we provide (together, the "Service").

By submitting an application, accepting a quote, signing in, or using the Service, you accept these Terms. The person doing so confirms they are authorized to bind the business. If you do not agree, do not use the Service.

The Service is for business use only. It is not offered to consumers for personal, family or household purposes.

We may update these Terms at any time by posting a new version on this page. For changes that materially reduce your rights, we will give at least 15 days' notice by email or in the portal. Continuing to use the Service after a change takes effect means you accept it.

We may add, change, limit or remove features, providers, plans and apps at any time. Features labeled beta, preview or AI are offered as they are and may change or stop without notice.

You are responsible for everything done under your account, by your staff, subsidiaries, contractors and anyone else using your logins, devices, numbers or apps, whether or not you authorized it. Keep passwords and devices secure and tell us right away at support@cyberscaler.ai if you suspect unauthorized use. Information you give us, including in your application, must be complete and accurate, and you must keep it current.

We may refuse any application or order for any reason.

• Fees are as stated in your quote, order or portal. Recurring fees are billed monthly in advance; usage (such as minutes, messages and carrier fees) is billed in arrears.
• Your plan renews automatically each month until it is cancelled under section 6.
• You authorize us to charge your payment method on file for all fees when due. You also pay all taxes, surcharges, 911 fees, regulatory and carrier fees (including text message registration and carrier pass-through fees), and similar charges.
• We may change prices with 30 days' notice. Carrier, tax and regulatory charges can change sooner when our providers or governments change them.
• Late amounts accrue interest at 1.5% per month or the highest rate the law allows, whichever is lower. You pay our reasonable costs of collecting overdue amounts, including attorneys' fees.
• Billing disputes must be raised in writing within 30 days of the charge, or the charge is final.
• All fees are non-refundable, including for partial months, unused services or numbers, except where the law requires otherwise.
• We may suspend or limit the Service if any amount is overdue.

The Service is month to month unless your order says otherwise. You may cancel with 30 days' written notice to support@cyberscaler.ai; service ends at the end of the billing period in which the notice period ends, and fees for that period remain due.

We may suspend or end the Service, in whole or part, immediately and without liability if you breach these Terms, do not pay, use the Service in a way we believe is unlawful, abusive or harmful, or if a carrier, regulator or provider requires it. We may also end the Service for any reason with 30 days' notice.

When the Service ends, all unpaid fees become due immediately, and your access ends. We may delete your data 30 days after the Service ends, so export anything you need before then.

Phone numbers are assigned for your use while your account is active and in good standing. Numbers are controlled by the carriers and the numbering rules, and we may need to change a number if a carrier or regulator requires it.

We will release numbers you have the right to keep for porting to another provider as the law requires. Porting a number in depends on your current provider and is not guaranteed by any date. Numbers not ported out within 30 days after the Service ends may be released and cannot be recovered.

Internet-based calling works differently from traditional phone service. 911 calls may not work, may be delayed, or may reach the wrong emergency center. This can happen:

• during an internet, network or power outage, or when a device or app is offline or its battery is dead;
• when the account is suspended or ended;
• when a phone or app is used at a location other than its registered address, including on mobile networks, while traveling, or at home;
• when the registered address is wrong, incomplete or out of date; or
• because of network congestion or problems with a carrier or emergency center.

You must give us an accurate street address (including floor, suite or room where it helps) for every location where phones or apps are used, keep it current, and tell every user about these limitations. Keep another way to call 911, such as a mobile phone. You are responsible for setting up any internal notifications or dialing required for your premises.

To the fullest extent the law allows, cyberscaler and its providers are not liable for any failure, delay or misdirection of a 911 call, and you will defend and indemnify us against claims arising from emergency calls made with your account.

Business texting in the United States requires registration of your business and messaging campaigns with the carriers. Approval, throughput and fees are set by the carriers and their registry, not by us, and we do not guarantee approval or delivery of any message. Carriers may filter, delay or block messages.

You are solely responsible for every message sent from your account, including getting and recording consent, honoring opt-outs (such as STOP) right away, sending only the kinds of messages your campaign was approved for, and following the Telephone Consumer Protection Act, CAN-SPAM, state laws and carrier and industry rules. We may block messages or suspend texting that we believe breaks these rules.

Some laws, including Illinois law, require the consent of everyone on a call before it is recorded. You decide whether to record or transcribe calls and you are solely responsible for giving any required notices and getting any required consents.

Transcripts, summaries, suggested replies and other AI output can be wrong or incomplete. Review it before relying on it. You are responsible for decisions you make with it and for anything you send using it.

You will not, and will not let anyone else:

• use the Service for anything unlawful, fraudulent, deceptive, harassing or threatening;
• make robocalls or prerecorded or autodialed calls or texts without the consent the law requires, or send spam;
• spoof caller ID or send misleading caller ID or sender information;
• generate artificial traffic, traffic pumping, or calls or messages meant to inflate charges;
• resell, sublicense or share the Service except as we agree in writing;
• copy, reverse engineer, scan, probe or test the security of the Service, or interfere with or overload it; or
• send content that infringes others' rights or contains malware.

You are responsible for charges caused by misuse of your account, including fraud by third parties.

You keep ownership of the calls, messages, recordings, contacts and other content you put into the Service ("Customer Data"). You give us a worldwide, royalty-free license to host, copy, process, transmit and display Customer Data to run, secure, support and improve the Service, and to create aggregated or de-identified data that we may use for any purpose.

You confirm you have the rights and consents needed for us to process Customer Data. We may access or disclose it when we believe it is needed to provide support, keep the Service secure, enforce these Terms, or comply with law or a valid legal request. You are responsible for keeping your own copies of anything important. Our Privacy Policy explains how we handle personal information.

The Service, software, apps, designs and content are owned by cyberscaler and its licensors. We give you a limited, revocable, non-exclusive, non-transferable right to use the Service for your internal business during your subscription. We keep all other rights.

If you send ideas or feedback, we may use them freely without any obligation to you. We may name you as a customer and show your logo on our website and in sales materials unless you ask us in writing not to.

The Service relies on carriers and other providers and connects to services you choose, such as email, chat and calendar platforms. Those services are governed by their own terms and we are not responsible for them, for their availability, or for what they do with data you send them.

The Service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Service will be uninterrupted, error-free, secure, or available at any particular time, that calls or messages will connect or be delivered, or that call quality will meet any standard.

To the fullest extent the law allows, cyberscaler, its affiliates, providers and their officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, business, goodwill or data, or for the cost of substitute services, however caused and even if advised they were possible.

Our total liability for all claims relating to the Service or these Terms will not exceed the fees you actually paid us for the Service in the three months before the event giving rise to the claim. These limits are an essential part of our pricing and apply even if a remedy fails of its essential purpose.

You will defend, indemnify and hold harmless cyberscaler, its affiliates and providers, and their officers, employees and agents, from all claims, damages, fines, penalties, losses and costs (including attorneys' fees) arising from your or your users' use of the Service, Customer Data, your calls, messages and recordings, emergency calls made with your account, or any breach of these Terms or the law.

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of law rules, and by applicable federal law.

Before starting a formal claim, you must email support@cyberscaler.ai describing the dispute and give us 30 days to resolve it. If it is not resolved, any dispute will be decided by final, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Chicago, Illinois. Judgment on the award may be entered in any court with jurisdiction.

Claims may be brought only individually, not as a plaintiff or class member in any class, consolidated or representative action, and each party waives any right to a jury trial. We may bring claims to collect unpaid fees or to protect our property or the Service in the state or federal courts in Cook County, Illinois, and you consent to those courts' jurisdiction. Any claim against us must be brought within one year after it arises, or it is permanently barred.

• These Terms, together with any order or quote you accept, are the entire agreement on this subject. If an order conflicts with these Terms, the order controls only for that order.
• You may not assign these Terms without our written consent. We may assign them, including in a merger, acquisition or sale of assets.
• We are not liable for delays or failures caused by events beyond our reasonable control, including outages of carriers, networks, power or cloud providers, cyberattacks, disasters, labor issues and government action.
• We may send notices to the email address on your account or in the portal. You consent to receiving agreements and notices electronically. Notices to us go to support@cyberscaler.ai.
• If any part of these Terms is unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect. Not enforcing a provision is not a waiver.
• Sections on fees, data, our property, disclaimers, limitation of liability, indemnity, disputes and these general terms survive the end of the Service.
• You will comply with export control and sanctions laws and will not use the Service in or for embargoed countries or restricted persons.

Questions about these Terms: support@cyberscaler.ai.