Terms of Service

The Basics

  1. This agreement sets forth Terms and conditions ("Terms") governing the provision of services by OwnerListens 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

  1. 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 and IMpower's services. If you do not agree to the Terms, please do not use our services and exit the site immediately.
  2. 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 and IMpower's services. Please exit the site immediately.
  3. 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 OwnerListens's services after such Changes will constitute acceptance of Changes and bind you to the amended or modified Terms.
  4. You accept our Terms by browsing the website, searching, registering, purchasing or otherwise using Owner Listens Inc's services.
  5. This agreement is written in the English language. No translation shall be accepted as representing this agreement.
  6. Please print a copy of the Terms for your records.

Third Party Providers and Affiliates

  1. 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

  1. 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.
  2. 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.
  3. OwnerListens may change, modify, adjust, or alter, temporarily or permanently, the services that it provides with no prior notification. For Owners using OwnerListens services provided via third party marketplaces such as Wix, Clover, LivePerson etc. will receive 30 day advance notice in case of service discontinuation.
  4. OwnerListens reserves the exclusive right to cease providing services, discontinue the site, and/or the mobile application or otherwise change the services it provides. OwnerListens has no liability for the discontinuation of services or the modification of services. Owners using OwnerListens services provided via third party marketplaces such as Wix, Clover, LivePerson etc. will receive 30 day advance notice in case of service discontinuation.
  5. Third party marketplace providers such as Wix, Clover, LivePerson have no liability to Owners with respect to their use of OwnerListens services through the apps provided on their marketplaces.

Text Forwarding Feature Terms

Note: This feature is available only to paying business users of the IMpower text messaging service.

Should you choose to turn the text forwarding feature to "ON" as part of your IMpower service, we will engage in text messaging communications with you. This feature enables two-way communication to and from your business number, directly from your personal number without exposing that number.

By providing your phone number and typing your mobile phone number into the IMpower web dashboard, you consent to receiving text messages as outlined below.

Text Messaging Forwarding

  1. Forwarding Incoming Texts
    OwnerListens Inc. and/or IMpower Solutions will forward the messages sent to your IMpower account to the mobile phone number you provided. These text messages alert you when a customer has texted your business number. They include the customer's number and the content of their message. If you saved the customer's name to your account, the forwarded message will also include the name.
    For example: "Customer Joe Doe 555-525-8902 wrote: Hello, what are your opening hours today?"
  2. Forwarding Text Replies
    OwnerListens Inc. and/or IMpower Solutions will forward the messages of your team members who have replied to your customer. This informs you when another member of your team has replied to your customer so that you are aware that the customer inquiry has been handled. These messages include your team member's name and the content of their message.
    For example: "Barbara sent to Joe Doe 555-525-8902: 9am-2pm today due to the holiday"
  3. Replies to Text Messages
    Using this feature you may respond to forwarded customer messages from your mobile phone. OwnerListens Inc. and/or IMpower Solutions will forward your response to the customer's number from your business number while keeping your mobile phone number private. Simply reply to the forwarded message as you would any other text message.
    For example: "Our opening hours are 9am-2pm but you can pick up orders until 4pm".

Opting Out of Text Messaging Forwarding Feature

You may opt out of receiving text messages at any time by replying with the word "STOP" to any text message they receive from ABC Co. Alternatively, you can set the feature to "OFF" in your IMpower account settings section.

Once you opt out, you will no longer receive text messages from ABC Co. unless you explicitly opt in again. Please note that opting out of text messaging may impact the services we provide.

Standard Messaging Rates

Standard messaging and data rates may apply to text messages sent to or received from OwnerListens Inc. and/or IMpower Solutions, depending on your mobile carrier and plan. You are responsible for any charges incurred.

Opt In Sharing

OwnerListens Inc. and/or IMpower Solutions will not share you opt-in (consent) for SMS/MMS messaging with any third party, for any purpose.

Data Privacy and Security

OwnerListens Inc. and/or IMpower Solutions values the privacy and security of its users. Personal identification information collected through text messaging will be handled in accordance with the practices outlined in this Privacy Policy. Text message content will be used solely for the purposes of providing text messaging software services to you.

By using our services, providing your phone number and turning this feature to ON, you agree to the terms of this Agreement as they pertain to the text forwarding features. If you have questions or concerns about our text messaging practices, please contact us using the information provided below.

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

  1. To use some of OwnerListens's services and IMpower'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.
  2. For some of OwnerListens's services and IMpower's services, payment is required. Payment may be delivered by credit card, check, or bank transfer/wire.
  3. 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.
  4. 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.
  5. It is the User's sole obligation and responsibility to provide accurate registration information and to keep the information provided to OwnerListens and/or IMpower Solutions updated, complete, and accurate at all times.
  6. The information provided will be used solely for the provision of services by OwnerListens and/or IMpower Solutions and is subject to our Privacy Policy. By agreeing to these Terms, you also agree to the provisions of our Privacy Policy.
  7. 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 and/or IMpower Solutions of any breach or compromise of their account and/or password.
  8. Owners using OwnerListens's and IMpower's paid monthly subscription service will be billed on the last calendar business day of each month. Owners using OwnerListens and/or IMpower Solutions services via third party marketplaces will be billed through those marketplaces and in accordance with their policies.
  9. 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

  1. 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.
  2. 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 and/or IMpower Solutions servers and networks, whether intentional or not, and whether actively or passively (such as by running bots, crawlers or scripts).
  3. Users shall not, under any circumstances, sell, resell, trade, reproduce, or duplicate OwnerListens and/or IMpower Solutions services, including any free and any paid services and including services substantially similar in service provided and/or in look, feel or functionality.
  4. Users bear sole responsibility for use of services made in their account.
  5. OwnerListens and/or IMpower Solutions may, at its sole discretion, disable or otherwise prevent access to services or to Users accounts or data contained within.
  6. OwnerListens and/or IMpower Solutions may, at its sole discretion, set limits on the type, amount, volume, frequency, and access to services and content created through the services.
  7. Users accessing or purchasing OwnerListens and/or IMpower Solutions services through third party marketplaces must note that the OwnerListens and/or IMpower Solutions 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

  1. Content available through our services often represents the claims and opinions of others, such as Consumers, who are not affiliated with OwnerListens and/or IMpower Solutions We make no statement of support, endorsement or advice for any content other than content explicitly provided by OwnerListens and/or IMpower Solutions designated and authorized personnel.
  2. While using OwnerListens and/or IMpower Solutions 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.
  3. 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.
  4. 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 and/or IMpower Solutions does not endorse, support, nor assume any liability for content generated by Users.
  5. Users acknowledge and agree that they may be exposed to questionable, objectionable, offensive, or indecent content.
  6. OwnerListens and/or IMpower Solutions reserves the right to refuse to post, remove, or modify content uploaded to the site in violation of Terms or any applicable laws.
  7. OwnerListens and/or IMpower Solutions 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 and/or IMpower Solutions Proprietary Rights and Intellectual Property

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

License from OwnerListens and/or IMpower Solutions

  1. By agreeing to these Terms, Users receive from OwnerListens and/or IMpower Solutions a personal, worldwide, royalty free, non-exclusive, non-assignable, non-transferable, limited license to use the website, software and other services provided by OwnerListens and/or IMpower Solutions so that you may use the service in accordance with the terms.
  2. 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

  1. The User retains any rights they currently hold in the content submitted through our services.
  2. By submitting content you agree to grant OwnerListens and/or IMpower Solutions 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.
  3. OwnerListens and/or IMpower Solutions may present, transfer, or make available in any form this content to third parties with which it had an affiliate, subsidiary, or other relationship.
  4. Users bare sole responsibility for protecting their intellectual property rights.

Updates

  1. OwnerListens and/or IMpower Solutions 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.
  2. These Terms and any other additions, updates or modification continue to apply unless terminated by OwnerListens and/or IMpower Solutions or by the User.
  3. Users may terminate their relationship with OwnerListens and/or IMpower Solutions by closing their account and ceasing to use our service. Notice of termination may also be sent to [email protected]. OwnerListens and/or IMpower Solutions will close your account within 24 hours of receipt of notice.
  4. OwnerListens and/or IMpower Solutions 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.
  5. In event of termination, all OwnerListens and/or IMpower Solutions 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

  1. All OwnerListens and/or IMpower Solutions 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.
  2. OwnerListens and/or IMpower Solutions makes no warranty that Our services and content will meet your requirements or be free or errors, mistakes, defects, or omissions. OwnerListens and/or IMpower Solutions makes no warranty that Our services and content will be provided without interruption, error, delays, or security issues. OwnerListens and/or IMpower Solutions makes no warranty that Our services and content will produce the desired results, or any results whatsoever.
  3. OwnerListens and/or IMpower Solutions 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

  1. OwnerListens and/or IMpower Solutions 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 and/or IMpower Solutions 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.
  2. 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

  1. OwnerListens and/or IMpower Solutions 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 and/or IMpower Solutions services. Users agree that conflict of laws principles and the UN Convention on the International Sales of Goods, do not apply.

Notices

  1. Users or others wishing to send notices to OwnerListens and/or IMpower Solutions 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
  2. OwnerListens and/or IMpower Solutions 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

  1. These Terms represent the entire agreement between you and OwnerListens and/or IMpower Solutions unless otherwise specified in writing by OwnerListens and/or IMpower Solutions as part of use of certain services.
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