These Terms of Service ("Terms") are a binding agreement between you and Switchboard LLC ("Switchboard," "we," "us," or "our"). They govern your access to and use of getswitchboard.org (the "Site") and our lead intake services (the "Services"). By accessing the Site or using the Services, you agree to these Terms. If you do not agree, do not use the Site or Services.
The Services
Switchboard provides done-for-you lead intake infrastructure, including setup, configuration, and related support, to help businesses capture and route inquiries. The specific features and deliverables included in your purchase will be described at the time of sale or in a separate order or statement of work.
Eligibility and Accounts
You must be at least 18 and able to form a binding contract to use the Services. If you use the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms. You are responsible for keeping your account credentials confidential and for all activity under your account.
Fees, Billing, and Subscriptions
Fees, billing frequency, and any setup charges will be presented to you before purchase. Unless stated otherwise, subscription fees recur automatically until canceled and are non-refundable except where required by law. We may change pricing on a going-forward basis with reasonable notice. Failure to pay may result in suspension or termination of the Services.
Customer Responsibilities and Lawful Use
You are solely responsible for how you use the Services and for the data you collect through them. In particular, you agree that:
- You will obtain all consents and provide all disclosures required by law from individuals whose information you collect or contact through the Services.
- You will comply with all applicable laws and regulations governing marketing, calling, texting, and email, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all applicable do-not-call and state privacy requirements.
- You will not use the Services to send unsolicited, deceptive, or unlawful communications.
- You will maintain your own privacy policy and terms as required for your business.
You are responsible for compliance in your use of the Services, and you agree that this responsibility rests with you and not with Switchboard.
Acceptable Use
You agree not to:
- Use the Services for any unlawful, fraudulent, or harmful purpose.
- Interfere with, disrupt, or attempt to gain unauthorized access to the Services or related systems.
- Reverse engineer, copy, resell, or sublicense the Services except as expressly permitted.
- Upload malicious code or misuse the infrastructure in any way.
We may suspend or terminate access for any violation of this section.
Intellectual Property
The Site, the Services, and all related software, content, branding, and materials are owned by Switchboard or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription, solely for your internal business purposes. You retain ownership of the data and content you provide.
Third-Party Services
The Services rely on third-party platforms, infrastructure, and providers. We are not responsible for the availability, performance, or acts of those third parties, and your use of the Services may also be subject to their terms. Interruptions or changes by a third-party provider are outside our control.
Data and Privacy
Our handling of personal information is described in our Privacy Policy. Where we process data on your behalf as part of the Services, that processing is governed by a separate data processing agreement, which controls in the event of any conflict with these Terms on data matters.
Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error free, or that they will generate any particular volume of leads, conversions, or business results.
Limitation of Liability
To the maximum extent permitted by law, Switchboard will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, lost revenue, or lost data, arising out of or related to your use of the Services. Our total liability for any claim arising out of or related to these Terms or the Services will not exceed the amount you paid us in the three months before the event giving rise to the claim.
Indemnification
You agree to indemnify and hold harmless Switchboard and its owners, officers, and agents from any claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your use of the Services, your data, your communications with third parties, or your violation of these Terms or applicable law.
Term and Termination
These Terms remain in effect while you use the Services. You may cancel as described in your plan. We may suspend or terminate your access at any time for violation of these Terms or for nonpayment. Upon termination, your right to use the Services ends. Sections that by their nature should survive termination, including those on intellectual property, disclaimers, limitation of liability, and indemnification, will survive.
Changes to the Services and Terms
We may modify the Services or these Terms at any time. If we make material changes to these Terms, we will update the Effective Date and provide reasonable notice. Your continued use of the Services after changes take effect means you accept the updated Terms.
Governing Law and Disputes
These Terms are governed by the laws of the State of Kansas, without regard to its conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Services will be resolved in the state or federal courts located in Kansas, and you consent to their jurisdiction. The parties will attempt in good faith to resolve any dispute informally before initiating formal proceedings.
Contact
Questions about these Terms can be directed to: