End User Policy

END USER POLICY

This End User Policy (EUP) sets out the terms under which Customer, Users and Occupiers may use the Services.

By using or accessing Solution or Services, Customers agree to be bound by the EUP terms. The Company reserves the right to amend this EUP from time to time and will notify Customers when posting a revised EUP on its website.

A. USE OF THE SOLUTION AND SERVICES.

Use.

The Customer shall not attempt to access any of the Company’s other systems, programs or data that are not made available for public use in connection with Solution or Services. The Customer is entitled to access and use only those modules and software applications of the Company that are expressly listed on an Order Form with a premises quantity greater than zero.

The Customer is responsible for all activities conducted under User logins and for User compliance with this EUP. Unauthorized use, resale or commercial exploitation of Solution, Services or Company Materials in any way is expressly prohibited.

The Customer shall take all measures necessary to ensure compliance by all Users authorized to access Solution or Services.

The Customer shall not impersonate another user or provide false identity information to gain access to or use of Solution or Services.

Restrictions.

The Customer shall not create Internet links to the Solution or Services or mirror any content contained in, or accessible from, the Solution or Services on any other server, wireless, or Internet based device.

The Customer shall not use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Solution or Services.

The Customer shall not download, upload, publish, display or transmit via the Services any content that the Company reasonably believes: (i) constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant; (ii) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) is defamatory or violates a person’s privacy; (v) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a law enforcement investigation; (vi) improperly exposes trade secrets or other confidential or proprietary information of another person; (vii) is intended to assist others in defeating technical copyright protections; (viii) clearly infringes another person’s trade or service mark, patent, or other intellectual property right; (ix) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (x) is discriminatory in any way, including by way of sex, race, or age discrimination; (xi) is otherwise illegal or solicits illegal conduct under laws applicable to the Company or Customer; or (xii) is otherwise malicious, fraudulent, or may to result in retaliation against the Company by offended viewers.

The Customer shall not use the Services to: engage in illegal, abusive, or irresponsible behaviour, including: (i) unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network; (ii) monitoring data or traffic on any network or system without the authorisation of the owner of the system or network; (iii) interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; (iv) use of an Internet account or computer without the owner’s authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; (v) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; or (vi) any activity or conduct that is likely to result in retaliation against the Services.

Reporting a Breach.

The Customer will report to the Company promptly upon becoming aware of and use reasonable efforts to stop immediately any copying or distribution of Company Materials that is known or suspected by Customer or its Occupiers.

Liability for Users and Occupiers.

The Customer shall be liable for any breach of this EUP by any Occupiers and Users. In addition to the Company’s other remedies hereunder, the Company reserves the right upon giving notice to Customer to terminate any User’s right to access the Solution or Services if such User has breached any of the restrictions contained in this EUP.

Users.

The Customer and Occupiers shall authorize access to and assign unique passwords to the number of Users purchased by Customer and set out in an Order Form. User logins are for designated Users and cannot be shared or used by more than one User, but any User login may be reassigned to another User as needed. The Customer is responsible for confidentiality and use of User’s passwords. The Customer agrees to immediately notify the Company if Customer becomes aware of any loss or theft or unauthorized use of any of Customer’s passwords or accounts, or any other known or suspected security breach.

Modifications.

The Company may make modifications to Solution or Services or particular components of Solution or Services from time to time provided such modifications do not materially degrade any functionality or features of Solution or Services and the Company will use commercially reasonable efforts to notify Customer of any material modifications.

Monitoring of Content.

The Company does not monitor, verify, warrant, or vouch for the accuracy or quality of the information that Users may acquire over the Internet when using Solution or Services. For this reason, Users must exercise their best judgment in relying on information obtained from the Internet. Because the Company does not monitor or censor the Internet, and will not attempt to do so, the Company cannot accept any responsibility for injury to its Customers or Occupiers resulting from inaccurate, unsuitable, offensive, or illegal Internet communications. The Company does not review, edit, censor, or take responsibility for any information its Users may create on the Internet. While the Company does not control or monitor online communications content, the Company may block access to content it deems to be in breach of this EUP or that it otherwise deems to be unlawful, harmful or offensive, in its reasonable discretion.

Monitoring of Emails.

The Company will not intentionally monitor private electronic mail messages sent or received by Customers unless required to do so by law, governmental authority, or when public safety is at stake. The Company may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Use of Solution or Services by Customers or Users constitutes Customer’s and/or User’s authorization to the Company to monitor the Services or Solution consistent with the foregoing sentence.

Disclosure of Content.

The Company will cooperate with appropriate law enforcement agencies to investigate illegal or inappropriate activity claims. The Company may disclose information, including but not limited to, information concerning a Customer or User, a transmission made using Solution or Services, or a web site, to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. The Company assumes no obligation to inform Customer or User that User-specific information has been provided to any person or entity. The Company may disclose User information or information transmitted via Solution or Services where necessary to protect the Company and others from harm, or where such disclosure is necessary for proper system operation.

Reduction in Bandwidth.

If a Customer overloads the network (for example by using peer to peer or file sharing software, or through being the target of a denial of service attack), the Company reserves the right to manage the Customer’s bandwidth (which could result in reduced service speeds).

B. TECHNICAL SUPPORT

Support Services.

The Company provides technical support services to Customers for Essensys Connect, Essensys Operate, as set out in the relevant SLAs provided to the Customer.

Contact.

The Company’s support team will provide support for Essensys Connect through the Essensys case management system. The Company’s support team will provide support for Essensys Operate, and Essensys Community via chat integrated into the software application. If these support channels are not available, Customer and Occupiers may contact the Company for support related issues via email at help@essensys.tech. If other support channels are made available during the Term, the Company will notify the Customer.

Support Hours.

Support is provided during Business Hours on Business Days.

C. TELEPHONE SERVICES

Restrictions.

Customers and Occupiers may not use Essensys Connect Telephone Service to: (i) operate an automated call centre service; (ii) for any illegal purpose or in any illegal manner.

Supplier VOIPMeans the telephone voice service provide by the Supplier using the Voice Over Internet Protocol.
Voice over IP (VOIP)Means the audio signals from a voice call are broken down into packets of data and transmitted as data, being reassembled and converted back into audio at the distant end.
Traditional Telephone ServiceMeans a landline telephone system that is directly physically connected to the public telephone network, normally using copper wires
Enhanced 911 (or E911) servicesMeans when a call is placed to 911, the telephone number and registered address are simultaneously sent to the telephone operator so that they have the information to call back or respond if necessary
Off-Net phoneA Supplier VOIP phone that has been configured to work at a premises not supplied with Services by the Supplier.
SoftPhoneAn application provided by the Supplier that runs in IOS or Android, and gives an Occupier the ability to use the Supplier VOIP service from their mobile device at any location.

When Services are established at a new Customer Premises, all telephone handsets and profiles are registered to the Customer Premises address detailed on the Service Order Form.  The Customer is responsible for ensuring this address is correct and informing Supplier by raising a case if this is subsequently found to be incorrect.

If a Customer or Occupier dials 911 from any phone at that location that uses Supplier VOIP, the emergency services will dispatch services to this registered Premises address.

If the Client removes the phone from the Premises and moves it to an alternate location and logs in to the Supplier VOIP service (an Off-NET phone), the phone will still be registered to the Premises address which could lead to an emergency dispatch to an incorrect address.

The Supplier recommends that the Customer inform all users of Off-NET phones are notified that they are NOT TO BE USED for 911 Calls or that the actual address is clearly communicated to the operator.  For avoidance of doubt this includes the use of the Supplier Softphone.

We are required by the Federal Communications Commission (“FCC”) in the US and the Radio-television and Telecommunications Commission (CRTC) in Canada to inform Customers of any differences between the 911 access capabilities available using the Supplier VOIP Service as compared to the 911 access capability available with traditional telephone service.

We are additionally required to obtain and keep a record on file showing that Client has received and understood this E911 Policy and Waiver.

Customer acknowledges that it:

  1. has read and understood this E911 Policy and Waiver
  2. understands that in certain situations Customer or Occupiers may not be able to contact emergency services by dialling 911 using the Supplier VOIP Service, and
  3. understands that Client must inform Occupiers that in certain situations they may not be able to contact emergency services by dialling 911 using Supplier VOIP

KEY DIFFERENCES BETWEEN SUPPLIER VOIP SERVICES AND TRADITIONAL TELEPHONE SERVICES IN REGARD TO USING E911 EMERGENCY SERVICES

Supplier VOIP and E911 SERVICES MAY NOT OPERATE DURING A POWER OUTAGE.  Once power service is restored, Customer may be required to reset or reconfigure its equipment before being able to use Supplier VOIP services to contact e911 services.

Supplier VOIP SERVICES WILL NOT OPERATE IF THE UNDERLYING DATA NETWORK IS DISRUPTED OR ANY SERVICE HAS BEEN SUSPENDED FOR ANY REASON, INCLUDING, FOR EXAMPLE, NON- PAYMENT.

Supplier VOIP E911 SERVICES CALLS MAY NOT COMPLETE OR MAY BE ROUTED TO EMERGENCY PERSONNEL WHO ARE IN THE WRONG LOCATION IF CLIENT DISABLES, DAMAGES OR MOVES ANY SUPPLIER VOIP RELATED EQUIPMENT TO A LOCATION OTHER THAN THE PREMISES ADDRESS PROVIDED WHEN THE SERVICE WAS INITIATED.

Supplier VOIP E911 SERVICES CALLS MAY BE DELAYED OR DROPPED DUE TO NETWORK INSTABILITY. Due to network congestion or problems, calls to E911 services made using Supplier VOIP Services may not function correctly.  This may mean that you will not be connected to emergency services, or the calls may take longer to connect.

References:

http://www.fcc.gov/cgb/voip911order.pdf.

https://crtc.gc.ca/eng/archive/2005/dt2005-21.htm

https://crtc.gc.ca/eng/archive/2005/dt2005-61.htm