Terms of Service

Billing
Your free trial is for 30 days. At the end of the 30 days, your subscription of 25 web and audio attendees will begin and your card will be charged $29/month.

You can upgrade and add features to your plan through the “My Account” section of your account. You can also cancel at anytime.
Why we require a credit card?
By providing your credit card it guarantees that your service and account are uninterrupted at the end of your trial.
Cancellations
You can cancel your account by calling (800) 844-4118 at anytime. Your account will be converted to a free, “lite” version of Fuze Meeting where you can use Fuze Meeting and still access your documents.
Secure
Your credit card and personal information is safe and secure.

  1. ACCEPTANCE. This agreement is between CallWave, Inc. ("CallWave") and You ("You"), as an authorized user of the "FUZE Services" described in Section 2, below, and governs the terms and conditions of Your use of the FUZE Services. If You are using the FUZE Services on behalf of an entity, then by accepting these Terms and Conditions (the "Terms"), You represent that You are authorized to sign for and bind such entity, and "You" shall refer to such entity. The FUZE Services are provided subject to these Terms and such policies as CallWave publishes from time to time (the Terms and such policies, the "Agreement"). BY USING ANY OF THE FUZE SERVICES, YOU AGREE TO ACCEPT, AND BE BOUND BY, THE AGREEMENT.

    CallWave reserves the right to change the Agreement at any time by posting an updated version of the Agreement on the FUZE website. You are responsible for reviewing any changes to the Agreement from time to time. Your use of the FUZE Services after the effective date of any such change shall constitute Your acceptance of all such changes.

    You may not sell, assign, sublicense, or otherwise transfer or agree to transfer all or any portion of the rights under the Agreement without the prior written consent of CallWave, which consent may be withheld in the absolute discretion of CallWave.

  2. FUZE SERVICES. The FUZE Services include the following:

    1. FUZE Web enables participants with an internet connection to share files and media content with any person(s) in an online meeting and offers Instant Messaging, Presence and voice features, including VoIP and toll-free dial calling.
    2. FUZE Mobile enables select FUZE features to be utilized from supported mobile devices. You must have and use the wireless data network or WiFi network to take advantage of these features.
    3. Toll-Free and Fetch audio are available features that allow audio participants to utilize a U.S. and international toll free number when joining the audio portion of an online meeting or initiate a dial out participants. CallWave reserves the right to terminate or modify individual features of the FUZE Services from time to time without notice to You. CallWave may determine the extent to which any modifications impact Charges (as defined in Section 3, below) for the FUZE Services, but will not be obligated to adjust the Charges by reason of any modifications to the FUZE Services.

  3. PAYMENTS AND CHARGES. You agree to pay all charges and fees imposed by CallWave, including but not limited to, one-time activation and setup fees, monthly or annual recurring fees, usage fees, pay-per-use fees, excise taxes, and regulatory surcharges imposed upon CallWave for the FUZE Services (collectively, the "Charges"). You agree that CallWave may change the amount of the Charges from time to time upon advance notice to You at the email address You provide to CallWave. Your continued use of the FUZE Services after any such change shall constitute Your acceptance of the new Charges.

    With respect to pay-per-use service plans, You agree to pay all Charges for FUZE Services at the conclusion of a billable meeting or event. With respect to monthly service plans, You agree to pay all Charges for FUZE Services in advance at the beginning of each monthly service period. With respect to annual service plans, You agree to pay all Charges for FUZE Services in advance at the beginning of each annual service period. You further agree that CallWave will automatically charge You at the commencement of each subsequent monthly or annual service period, as applicable, unless You terminate the FUZE Services PRIOR to the commencement of such monthly or annual service period, and in accordance with the termination provisions set forth under Section 12, below. In the event You terminate the FUZE Services after the commencement of any applicable monthly or annual service period, You agree that with respect to such monthly or annual service period, (i) CallWave will not refund any Charges paid by You, and (ii) You will remain responsible for the payment of all applicable Charges.

    Upon subscribing to the FUZE Services, You may elect to pay the Charges either (i) with a credit card from such credit card issuer as is acceptable to CallWave, or (ii) with a corporate invoicing agreement approved by CallWave, subject to such credit verification as CallWave may require.

    CallWave from time to time may offer particular FUZE Services to You for a specified time at no cost to You. These services are provided as an accommodation to You, and CallWave reserves the right to terminate such services at any time without notice.

  4. INTELLECTUAL PROPERTY. The FUZE Services, and the related software and documentation (together, the "Software"), that are provided to You in connection with Your use of the FUZE Services, are protected by copyright, trademark, patent, and/or other intellectual property laws. Your use of the FUZE Services and Software is governed by the terms of the Agreement, and with respect to the Software, the terms of any applicable license agreement.

    CallWave reserves the right to require You to use of the most recent version of the FUZE Services and/or Software. You agree that CallWave may, from time to time, unilaterally download to Your computer system the most recent version of the FUZE Services and Software or may instruct You to do so.

    CallWave grants to You a royalty-free, nonexclusive, limited, revocable license to use the Software only (i) in connection with the FUZE Services, and (ii) in accordance with all of the terms and conditions of the Agreement and any applicable license agreement. To the extent the terms of any applicable license agreement are inconsistent with the terms of the Agreement, the terms of the license agreement shall prevail. You agree that no sublicenses may be granted by You with respect to the Software, and that the limited license granted to You shall expire immediately upon termination of Your use of the FUZE Services.

    Except as expressly provided in the Agreement, CallWave does not grant to You any express or implied licenses or rights to use the FUZE Services. You further agree NOT to (i) decompile, reverse engineer, or otherwise attempt to discover the source code of the Software, (ii) distribute, copy, rent, lease, sublicense, grant a security interest in, or otherwise transfer rights in the Software, (iii) remove or modify any proprietary notices or labels in the Software, (iv) export or re-export any portion of the Software into any other country the exportation of which is prohibited by United States federal law, or (v) use the Software in a manner that would violate any applicable local, state, federal or international law.

    CallWave's trademarks, websites, corporate names, trade names, domain names, logos, and service marks ("Marks") are the property of CallWave. You are not permitted to use the Marks without the prior written consent of CallWave. You agree that content, including but not limited to the FUZE Services, text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or commercially produced information presented to You through the FUZE Services ("Content") by CallWave or CallWave's advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; and You are permitted to use this Content only as expressly authorized by CallWave or such advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without express written authorization by CallWave or such advertiser.

  5. FUZE SERVICE TELEPHONE NUMBERS. You may be permitted to access certain FUZE Services by utilizing telephone numbers assigned specifically to You. You agree to utilize such telephone number only in connection with Your use of the FUZE Services. You further agree that CallWave reserves the right from time to time to elect, in CallWave's sole discretion, to change such telephone number assigned to You.

  6. CONDUCT. You agree that You are solely responsible for the content of all communications made by or to You through Your use of the FUZE Services, and for all activity with respect to Your account, including any unauthorized use by any third party.

    In connection with Your use of the FUZE Services, You agree (i) to maintain and update all information You are required to provide to CallWave, (ii) to use the FUZE Services in compliance with applicable local, state, federal, and international law, (iii) not to use the FUZE Services for illegal purposes, and (iv) to comply with all regulations, policies and procedures of networks connected to the FUZE Services.

    You further agree not to use the FUZE Services to (i) make any communications or transmissions that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or include otherwise objectionable material of any kind or nature, (ii) transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, (iii) gain or attempt to gain unauthorized access to other computer systems, or (iv) interfere with any other person's use and enjoyment of the FUZE Services.

  7. PRIVACY POLICY. CallWave's use of any personal information You provide is governed by the CallWave Privacy Statement set forth at http://www.callwave.com/company/privacy.aspx, as amended from time to time, and incorporated by this reference.

  8. DISCLAIMER OF WARRANTIES. THE FUZE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALLWAVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUZE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. CALLWAVE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE FUZE SERVICES, OR ANY TRANSACTIONS ENTERED INTO WHILE USING THE FUZE SERVICES.

  9. LIMITATION OF LIABILITY. CallWave shall not be liable for any indirect, incidental, special or consequential damages, resulting from the use or the inability to use any FUZE Service or for the cost of procuring any substitute goods and services, or resulting from any goods or services purchased or obtained, or messages received or transactions entered into through the FUZE Services or resulting from unauthorized access to or alteration of Your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if CallWave has been advised of the possibility of such damages.

  10. FORCE MAJEURE. CallWave shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control, whether or not foreseeable.

  11. INDEMNIFICATION. You shall indemnify, defend, and hold CallWave, its affiliates, officers, directors, employees, and other agents free and harmless from any and all claims, costs, damages, and expenses (including but not limited to reasonable attorneys' fees), which arise from or are related to any act or omission by You in connection with the use of the FUZE Services, including but not limited to, any such claims, costs, damages, and expenses arising from or related to Your violation of any terms and conditions of the Agreement, Your violation of any applicable law, rule, or regulation, or any infringement by You of any intellectual property or other rights of any other person. This Section 11 shall survive termination of the Agreement.

  12. TERMINATION. Either You or CallWave may terminate the FUZE Services with or without cause at any time (the "Termination"). CallWave shall not be liable to You or any third party, or responsible for any Charges or any other expense incurred with respect to the Termination.

    Termination by You shall occur only when You both (i) discontinue Your use of the FUZE Services, and (ii) notify CallWave by either calling CallWave's Customer Care Department at (800) 844-4118, or providing written notice of the termination to CallWave, Inc., Attn.: Customer Care Department, PO Box 609, Santa Barbara, CA 93102. In the event You are under a monthly or annual service plan, Termination by You shall be effective at the expiration of such monthly or annual service period, provided You discontinue use of the FUZE Services at the expiration of such service period. Notwithstanding any other provision of the Agreement to the contrary, if You object to any terms and conditions of the Agreement or any subsequent modifications thereto or becomes dissatisfied with the FUZE Services in any way, You agree that Your sole and exclusive remedy shall be to terminate the FUZE Services as described above.

    CallWave may Terminate the FUZE Services by delivering to You written or electronic notice of Termination. Except for a Termination due to Your breach of the terms of the Agreement, in the event You are under a monthly or annual service plan, Termination by CallWave shall be deemed effective at the expiration of such monthly or annual service period, and You will continue to be subject to the terms of the Agreement until the effective date of Termination.

  13. MISCELLANEOUS. The Agreement shall be governed by and construed in accordance with the internal laws of the State of California, excluding its conflict of law provisions. Subject to the provisions governing arbitration under Section 13, above, You and CallWave agree to submit to the exclusive jurisdiction of the courts of the State of California and further agree that the Agreement is being entered into in Santa Barbara, California, and that the exclusive venue for any cause of action arising under or relating to the Agreement or the FUZE Services provided hereunder shall be the Superior Court in and for Santa Barbara County, California, sitting in the City of Santa Barbara, California. You and CallWave agree that any cause of action arising out of or related to the Agreement or the FUZE Services must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

    No provision of the Agreement provides any person or entity not a party to the Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. If any provision of the Agreement is determined by a court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions of the Agreement shall remain in full force and effect. The Agreement (i) constitutes the entire agreement between You and CallWave and supersedes all prior agreements between the parties regarding the subject matter contained herein, and (ii) may be modified or amended only in the manner expressly set forth herein.

    CallWave at any time and from time to time may assign its rights and delegate its duties under the Agreement without Your prior consent. You may not assign the Agreement to any other person under any circumstances. CallWave's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CallWave in writing. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

    You may contact CallWave by:
    Email: care-fuze@callwave.com
    Mail: Fuze Box, Inc.
    PO Box 1347
    SB, CA 93102

    Last Updated: 3/16/09