Terms of Service

The Basics

1. This agreement sets forth Terms and conditions (“Terms”) governing the provision of services by Owner Listens Inc., a Delaware corporation, (“OwnerListens”) to its Users.
2. OwnerListens also owns the brand known as IMPOWER.solutions and the website at the same URL. Any reference to the former shall include OwnerListens and vice versa and these Terms shall govern users of IMPOWER.solutions as well.
3. OwnerListens has two types of users: Owners of businesses and Employees they designate to operate on their behalf (collectively referred to as “Owners”) and consumers (“Consumers”) who use the OwnerListens application to send messages to businesses. Owners and Consumers are collectively referred to as “Users”.
4. OwnerListens provides services Users pursuant to the Terms set forth in this agreement or referenced therein and subject to User compliance with all Terms. User must additionally comply with all Terms in this agreement and with any posted rules, legal terms, conditions, or additional materials applicable to the services provided (collectively referred to as “Terms”).

Acceptance of Terms

4. Thank you for your interest in our services. To use the services, provided by OwnerListens you must agree to the Terms. If you do not agree to the Terms, you may not use OwnerListens’s services. If you do not agree to the Terms, please do not use our services and exit the site immediately.
5. If you are not of legal age to enter a binding contract under the laws of the United States or the laws of your country of residence, or are prohibited by the laws of the United States or your country of residence from using our services, you may not use OwnerListens’s services. Please exit the site immediately.
6. We reserve the right to update, add, amend or otherwise modify Terms from time to time without prior notice to you (collectively referred to as “Changes”). It is your responsibility to review the Terms from time to time. Your continued use of Owner Listens’ services after such Changes will constitute acceptance of Changes and bind you to the amended or modified Terms.
7. You accept our Terms by browsing the website, searching, registering, purchasing or otherwise using Owner Listens Inc’s services.
8. This agreement is written in the English language. No translation shall be accepted as representing this agreement.
9. Please print a copy of the Terms for your records.

Third Party Providers and Affiliates

10. OwnerListens may at its sole discretion use affiliates, subsidiaries or third party providers (collectively referred to as “Providers”) to provision services to users. By agreeing to the Terms you acknowledge and allow these Providers to provide services to you on OwnerListens’s behalf.

Description of Services

11. For Owners, OwnerListens services include a web based messages inbox, which helps Owners message directly and privately with customers. Using the service requires an Internet connected device on the part of the owner or a mobile device capable of receiving SMS text messages, registration, and creation of an account on our website, including providing an email address. Some services may require payment as will explicitly be cited on the site. OwnerListens also requires Owners display OwnerListens signage and use OwnerListens marketing collateral in their place of business. It is the Owner’s financial and operational responsibility to provide the necessary signs, devices, connectivity and sign up information. Owners that provide a phone number acknowledge their express intent and request that messages will be sent via SMS to their phones and assume all responsibility for SMS carrier charges that apply according to their messaging and data arrangements. OwnerListens bears no responsibility for carrier charges incurred.
12. For Consumers, OwnerListens services includes a website gateway and a mobile application (iPhone and Android) to locate nearby businesses and anonymously send a message to them via the OwnerListens system. OwnerListens delivers the message to registered Owners and tries to locate Owners who are not registered and get an answer for Consumers. Additionally, Consumers may send messages via SMS texts to participating businesses.
13. OwnerListens may change, modify, adjust, or alter, temporarily or permanently, the services that it provides with no prior notification. For Owners using Owner Listens services provided via third party marketplaces such as Wix, Clover, LivePerson etc. will receive 30 day advance notice in case of service discontinuation.
14. OwnerListens reserves the exclusive right to cease providing services, discontinue the site, and/or the mobile application or otherwise change the services it provides. Owner Listens has no liability for the discontinuation of services or the modification of services. Owners using Owner Listens services provided via third party marketplaces such as Wix, Clover, LivePerson etc. will receive 30 day advance notice in case of service discontinuation.
15. Third party marketplace providers such as Wix, Clover, LivePerson have no liability to Owners with respect to their use of Owner Listens services through the apps provided on their marketplaces.

Privacy, Registration Data, Payment Data and Personal Information, Passwords and Account Security

16. To use some of OwnerListens’s services, registration is required. Such registration includes creating an account, providing a user name and password, providing personal and business information as well as designating a cell phone number and/or email for messages to be forwarded to.
17. For some of OwnerListens’s services, payment is required. Payment may be delivered by credit card, check, or bank transfer/wire.
18. Signing up by creating an Owner account, constitutes representation that the User is the true owner of the business being claimed or that they are the true owner’s designated representative and that they are authorized to receive and respond to messages on behalf of the business.
19. Providing payment information constitutes representation that the User is fully authorized to commit the business to such a transaction and that the information provided is the true payment information of the business.
20. It is the User’s sole obligation and responsibility to provide accurate registration information and to keep the information provided to OwnerListens updated, complete, and accurate at all times.
21. The information provided will be used solely for the provision of services by OwnerListens and is subject to our Privacy Policy. By agreeing to these Terms, you also agree to the provisions of our Privacy Policy.
22. It is the User’s sole obligation and responsibility to safeguard their password and username and update them as the circumstances may warrant. Additionally, the User’s sole responsibility to immediately notify OwnerListens of any breach or compromise of their account and/or password.
23. Owners using OwnerListens’s paid monthly subscription service will be billed on the last calendar business day of each month. Owners using OwnerListens services via third party marketplaces will be billed through those marketplaces and in accordance with their policies.
24. Owners may cancel their subscription at any time by email to [email protected]. or from their account settings. Cancellations become effective on the next billing cycle after the cycle at the time of cancellation. There will be no refund for the current billing cycle during which the cancellation is sent. Services will be provided and fully accessible for the entire billing cycle until the subscription has ended.

Use of Services

25. It is the User’s obligation and responsibility to use OwnerListens’ services for the purposes for which they were intended, in accordance with the Terms and in compliance with all applicable laws and regulations.
26. It is the User’s obligation and responsibility to make every effort to refrain from and avoid interfering with the provision of OwnerListens’ services to its users, including with OwnerListens servers and networks, whether intentional or not, and whether actively or passively (such as by running bots, crawlers or scripts).
27. Users shall not, under any circumstances, sell, resell, trade, reproduce, or duplicate OwnerListens services, including any free and any paid services and including services substantially similar in service provided and/or in look, feel or functionality.
28. Users bear sole responsibility for use of services made in their account.
29. OwnerListens may, at its sole discretion, disable or otherwise prevent access to services or to Users accounts or data contained within.
30. OwnerListens may, at its sole discretion, set limits on the type, amount, volume, frequency, and access to services and content created through the services.
31. Users accessing or purchasing OwnerListens services through third party marketplaces must note that the OwnerListens app may be removed by the marketplace owner or provider for any reason. For example, if the marketplace believes the app to (1) infringe or violate other parties’ Intellectual Property Rights or any other rights of third parties (2) violate any applicable law, regulation, card association rule or injunction (3) violates the marketplaces’ policies (4) is distributed in a way that breaches the marketplaces’ terms (5) may create liability for the marketplace, or (6) may contain a virus, malware or spyware or may have adverse impact on its systems.

Content Liability and Proper Conduct

32. Content available through our services often represents the claims and opinions of others, such as Consumers, who are not affiliated with OwnerListens We make no statement of support, endorsement or advice for any content other than content explicitly provided by OwnerListens designated and authorized personnel.
33. While using OwnerListens services, the User must abide by all applicable laws, including intellectual property and privacy laws. Content presented to Users may be protected by intellectual property laws. Such content may not be reused, whether in original or derivative form, by Users unless given explicit permission by the rights holder.
34. Users must NOT: send any information that is considered harassment; infringement on others’ rights; is unsolicited or unauthorized advertising; contains spam, viruses, or other harmful code; impersonate other persons or entities.
35. Users bare sole responsibility for their behavior and for the content they post to OwnerListens’ services or send to other Users using OwnerListens’ services. OwnerListens does not endorse, support, nor assume any liability for content generated by Users.
36. Users acknowledge and agree that they may be exposed to questionable, objectionable, offensive, or indecent content.
37. OwnerListens reserves the right to refuse to post, remove, or modify content uploaded to the site in violation of Terms or any applicable laws.
38. OwnerListens reserves the right, at its sole discretion, to disable accounts of or block Users who violate Proper Conduct standards, and to remove any content it deems in violation of Proper Conduct standards.

OwnerListens Proprietary Rights and Intellectual Property

39. Users acknowledge that OwnerListens is the sole owner of all legal right, title and interest in the services provided, including any and all intellectual property rights.
40. Users are prohibited from using OwnerListens’ name, logo, trademark, service mark, domain name, brand features except as explicitly allowed by OwnerListens and only for the purpose of using OwnerListens services.

License from OwnerListens

41. By agreeing to these Terms, Users receive from OwnerListens a personal, worldwide, royalty free, non-exclusive, non-assignable, non-transferable, limited license to use the website, software and other services provided by OwnerListens so that you may use the service in accordance with the terms.
42. The license does not include any right to copy, reverse engineer, recreate, modify, extract, or use the source code or create a derivative work of out software, website, or any other portion of our services.

Content License from User

43. The User retains any rights they currently hold in the content submitted through our services.
44. By submitting content you agree to grant OwnerListens a perpetual, irrevocable, worldwide, royalty free, non-exclusive license to reproduce, modify, adapt, publish, translate, publicly display, and distribute any, all or partial, content you submit.
45. OwnerListens may present, transfer, or make available in any form this content to third parties with which it had an affiliate, subsidiary, or other relationship.
46. Users bare sole responsibility for protecting their intellectual property rights.

Updates

47. OwnerListens may, from time to time, and at its sole discretion, update, modify, enhance, or change the software, website and other services it provides, and as such may update the software, website and any other services or content. Users consent to receiving the required updates.
48. These Terms and any other additions, updates or modification continue to apply unless terminated by OwnerListens or by the User.
49. Users may terminate their relationship with OwnerListens by closing their account and ceasing to use our service. Notice of termination may also be sent to [email protected]. OwnerListens will close your account within 24 hours of receipt of notice.
50. OwnerListens may terminate its agreement with you and cease to provide services if these Terms have been breached, if it is required to do so by law, or if it has ceased to provide the service or services for any reason, including technological or commercial reasons.
51. In event of termination, all OwnerListens rights in the content submitted by the User, remain unaffected. Particularly, the content license from the User remain in full affect with regards to content already submitted.

Exclusion of Warranties

52. All OwnerListens services and content provided on our website or on our mobile application are provided on an “As Is” basis and no warranty of any kind is represented, obligated, or suggested. In particular, no warranty, explicit or implied, of merchantability; no warranty, explicit or implied, of fitness for a particular purpose; no warranty, explicit or implied, of non-infringement, are provided.
53. OwnerListens makes no warranty that Our services and content will meet your requirements or be free or errors, mistakes, defects, or omissions. OwnerListens makes no warranty that Our services and content will be provided without interruption, error, delays, or security issues. OwnerListens makes no warranty that Our services and content will produce the desired results, or any results whatsoever.
54. OwnerListens makes no warranty that services, content, or features thereof will be continuously provided and may disrupt, remove, change, or otherwise modify services, content or features.

Limitation of Liabilities

55. OwnerListens is not liable to Users or any other party for damages of any kind, including those resulting from restriction of use, termination of services, loss of data, loss of profits. OwnerListens is not liable to Users or any other party for damages stemming from interactions or transactions initiated using our services or through connections made using our services.
56. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ONLY LIMITATIONS LAWFUL IN YOUR JURISDICTION APPLY.

Governing Law

57. OwnerListens is an entity located in Delaware, USA and provides services to all 50 states. It is also accessible from overseas. By using our services, including accessing our site or downloading our mobile app, Users agree to the exclusive jurisdiction, statutes and laws of the State of Delaware, USA for all matters, conflicts, or disagreements related to the use of OwnerListens services. Users agree that conflict of laws principles and the UN Convention on the International Sales of Goods, do not apply.

Notices

58. Users or others wishing to send notices to OwnerListens may send an email to [email protected] with the word “Notice” in the subject line. Correspondence via regular mail shall be sent to 771 18th Avenue, Menlo Park, CA 94025
59. OwnerListens will send notices to Users via the email address provided at registration or via text messaging if text messaging was enabled or via regular email to Users business address.

Entire Agreement

60. These Terms represent the entire agreement between you and OwnerListens unless otherwise specified in writing by OwnerListens as part of use of certain services.