This agreement (“Agreement”) is between Persony, Inc. (“Company”) and you ("You" or "Customer"), the individual or entity authorized to use Persony Software and Services, including computer, mobile device software and electronic documentation ("Software"), and audio, web, video, voice-over-IP conferencing, and other hosting services ("Services"), provided by Company and its suppliers and associated networks. By downloading, using or accessing the Software and Services, you agree to be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, promptly destroy all copies of the Software, including any updates, in your possession and do not use or access the Services.

Company reserves the right to amend the Agreement at any time by posting an updated version of the Agreement on this web site. Your use of the Software and Services after the effective date of any such change shall constitute your acceptance of all such changes.

1. Terms and Conditions

• FREE SERVICES. You agree that Company is providing certain Software and Services, including but not limited to free audio conferencing, free trial meeting rooms or meeting sites, Touch Meeting iPhone application, to you free of charge for a limited time only and may terminate the Agreement or your free services, with or without cause, at any time. You further acknowledge that you may need to pay a fee in the future to continue to use the Software and the Services.
• PAID SERVICES. You agree to pay all charges and fees imposed by Company for using the Software and Services. You acknowledge that Company has the right to change the amount of charge from time to time. For subscription customers, the change will only take effect at the customer's next subscription renewal time.
• NAMED-USER. If the Software and Services is licensed to a "named-user" account, you agree that only the account holder is authorized to use the Software and Services. You are allowed to reassign the named-user account to another user provided that the original account holder ceases to use the Software and Services after the effective date of such change. You agree not to use the named-user account in a timeshare manner.
• The Software and Services provided to you may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any US Federal or State regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. You agree to indemnify and hold harmless Company and its suppliers any claims resulting from your use of the Software and Services which damages either you or another party or parties.
• You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software and Services, unless you have obtained a written permission from Company.
• You agree not to exceed the bandwidth and the storage quota allocated to your account under the Services. Company reserves the right to revise the quota and may terminate your account if you do not comply with the quota requirement.
• You may not reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Software and Services.

2. Termination

• Company may terminate the Agreement entirely or your account at any time by providing a notice on its corporate website, by informing you via e-mail, or by discontinuing your access to the Software or the Services.
• You may terminate the Agreement at any time by destroying all copies of the Software in your possession and ceasing to use or access the Services.
• Company reserves the right to assign or transfer the Agreement, to an affiliate or a third-party. In the event Company does so, it will place a notice of the transfer on its corporate website.

3. Prohibited Use

• ELECTRONIC MAIL. You are prohibited from using the Services to transmit unsolicited e-mail messages to any person who does not wish to receive it. This includes bulk unsolicited commercial e-mail (also known as "spam" or "junk e-mail").
• DENIAL of SERVICE. You are prohibited from engaging in any activity with intent to disrupt the Company's service or the service of another Internet user, computer or network.
• SYSTEM and NETWORK SECURITY. You may not attempt to circumvent user authentication or security of any computer system or network using the Software or Services. This includes, but is not limited to, accessing data not intended for you, logging into a server or account to which you have not been given expressly authorized access, or probing the security of other computer systems or networks. Such activity includes, but is not limited to material protected by copyright, trademark, trade secret, or any other statute.
• PENALTIES for VIOLATION. Company reserves the right to immediately terminate the service of any user found to be in the violation of this Agreement. Users who violate systems or network security may incur criminal or civil liability. Company will cooperate fully with investigations of violations of system or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

4. Additional Terms

• NO WARRANTIES. THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSONY, INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE SERVICES.
• NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSONY, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, EVEN IF PERSONY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
• FORCE MAJEURE. Company shall not be responsible for any delay, interruption, or failure in performance that results from causes beyond its reasonable control, whether or not foreseeable.
• INDEMNIFICATION. Customer hereby agrees, at its sole expense, to indemnify, defend and hold Company harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (i) a third-party claim, suit, proceeding, action or allegation of infringement based on information, data, files or other content submitted by Customer or otherwise related to Customer's access to and/or use of the Services; or (ii) any fraud or manipulation, or other breach of this Agreement by Customer.

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions thereof.