Regional Supplement for the Jive and GoTo Connect Services
Last Updated: August 25, 2021
Applicability and Definitions. This Regional Supplement to the GoTo Terms of Service (the “Regional Supplement”) shall apply solely with respect to the Jive and/or GoTo Connect Services (the “VoIP Services”) provided by GoTo to end users (“Customer” or “you”) located (as determined by Customer’s physical address specified in the Agreement, applicable Order, and/or during Customer onboarding) (each a “Customer Location”) in the countries listed in the table below. This Regional Supplement is being provided to meet the requirements of the laws, statutes, regulations, ordinances, codes, rules, guidelines, orders, and/or permits applicable to GoTo’s provision of the VoIP Services to Customers located in the countries identified herein (the “Applicable Laws”). Capitalized terms used and not defined in this Regional Supplement shall have the meanings assigned to them in the GoTo Terms of Service into which they are incorporated (the “Terms”).
The main body of this Regional Supplement should be read together with the country-specific annexes:
- Supplemental Terms – Ireland Annex
- Supplemental Terms – UK Annex
- Supplemental Terms – Germany Annex
- Supplemental Terms – Australia Annex
- Supplemental Terms – Brazil Annex
- Supplemental Terms – Austria Annex
- Supplemental Terms – Italy Annex
The country-specific terms in these Annexes shall apply only to the part of the VoIP Services that are provided to a Customer Location in the relevant country and only to the extent required by Applicable Law. If there is a conflict between the country-specific terms in an Annex and the general language in this document, the country-specific terms will govern.
RATES. The VoIP Services include (subject to fair usage) in-country calling to the applicable landline and mobile phone number (excluding information service/special number prefixing). Out of country (international calling) would adhere to the applicable VoIP Service’s international calling plan with rates defined by country and call type (i.e., landline or mobile). In certain instances, international calls to landlines would incur no charge to the Customer (subject to fair usage). All other calls will be billed based on the current regional standard rates set forth in the applicable VoIP Service calling plan. Standard rates are subject to change without notice unless prohibited by law. We reserve the right to revise rates once per year at any time after the Initial Term and upon thirty (30) days’ prior written notice except as otherwise specified in the country-specific annexes in this document. Pricing may also change due to regulatory requirements, market conditions, or other pass through charges.
SUPPORT SERVICES AND AVAILABILITY.
On the Effective Date of an Order, GoTo shall, itself or through one or more of its vendors, subcontractors, or other service-providers (each a GoTo “Partner”) or its Affiliates: (a) enable Customer’s access to and use of the VoIP Services; (b) ensure that the VoIP Services are available to Customer during the term of any Order in accordance with the Terms; and (c) provide standard support during GoTo’s regular business hours for the VoIP Services via telephone and email, which customers can access at https://support.goto.com/connect.
The VoIP Services will not function if you: (a) lose electrical power; (b) experience interrupted connection to your broadband internet service; (c) have a suspended account due to non-payment; or (d) if you cannot connect to our platform because of an obstruction on your wide area network or local area network, such as a port blocked by your internet service provider. Additionally, the VoIP Services may not function due to reasons outside of GoTo’s control such as the failure or outage of third-party providers utilized to provide the VoIP Services.
The VoIP Services, including Customer’s use of the Emergency Numbers, may not be accessible from a particular phone or other calling device if that device is not configured correctly or otherwise malfunctions. The VoIP Services are not set up to provide the autodialing functionality sometimes relied on by security systems, medical monitoring equipment, TTY equipment, etc. Customer should not rely on the VoIP Services to provide this functionality.
CALLS TO/FROM EMERGENCY SERVICES: SERVICE, QUALITY LIMITATION & CALLER LOCATION INFORMATION.
The common emergency access number in the European Union is 112 and the national emergency access numbers (together, the “Emergency Numbers, ”each separately an “Emergency Number”) are as follows:
Emergency access number(s)
United Kingdom, Ireland
190, 192, 193, 197
112 Single European emergency number
122 Fire department
128 Emergency number for gas failure
140 Mountain rescue
141 Medical emergency service (Ärztenotdienst)
142 Telephone counseling
144 Ambulance/First responder service
147 Emergency call service for children and young people
112, 113, 115, 118
Emergency Numbers can be accessed, free of charge, if the VoIP Services are operational and if accessed from within the relevant country. Customer understands and acknowledges that there may be some limitations as set out in the following paragraphs:
- If Customer uses the VoIP Service outside of the Customer Location where it has been provisioned by GoTo to be used (the “Service Location”), calls to Emergency Numbers may be routed to an incorrect answering point or location.
- If there is a VoIP Service outage for any reason (such as electrical outages and broadband service outages) the outage may prevent access to Emergency Number dialing.
- Customer must register with GoTo and keep up to date the primary physical location where the VoIP Service will be used. If Customer does not update GoTo with changes to the location of where the VoIP Service is being provided, it may not be possible for emergency operators and authorities to identify the appropriate location and phone number when an Emergency Number is dialed. Additionally, Customer should be aware that extension information may not be provided to emergency services (only location information of the primary location).
- If an Emergency Number is dialed, Customer will need to state the location and phone number promptly and clearly, as emergency operators and authorities may not have this information. The emergency operator may ask for specific information to correctly transfer the call to a local emergency services department such as police, fire department, rescue, coastguard, etc.
- If the VoIP service is not operational for any reason and/or a call is unable to be completed, dropped, disconnected, or if the caller is otherwise unable to speak, emergency operators and authorities may not be able to identify the phone number of a caller in order to call them back. Emergency operators and authorities may also not be able to hold a line open in the event that the caller hangs up.
Customer will inform its users of the above limitations. For the above reasons, GoTo recommends that its users have an alternative means of accessing emergency services other than or in addition to the VoIP Service.
NUMBER USAGE AND PORTING.
GoTo shall support Customer requests for number portability where required under Applicable Law. Except as otherwise provided under Applicable Law, Customer understands that number portability may be unavailable with the VoIP Service in certain circumstances (e.g., no porting agreement between carriers). In such cases, there can be no guarantee that Customer will be able to keep its telephone number(s) if transferring to another VoIP service. Where number portability is available with the VoIP Service, GoTo will take reasonable steps to ensure that the transfer and subsequent activation is completed within one (1) business day (or otherwise in accordance with Applicable Law), provided that all necessary activation processes and validations have been completed, the network connection is ready for use and the donor provider has received a request to activate the transfer and agreed upon a transfer date (the "Porting Activation Requirements").
Unless otherwise provided under Applicable Law, the one (1) business day time period commences from the agreed-upon date of porting, once an agreement to port has been concluded and after the Porting Activation Requirements have been satisfied in GoTo’s sole discretion. Following completion of the Porting Activation Requirements, GoTo will send a notification informing the Customer of the date when their number will be transferred. If after following such notification there is a subsequent delay in the Porting Activation Requirements, GoTo will promptly notify Customer of the new anticipated date when their number will be transferred.
To the extent any physical equipment is included, purchased, leased, and/or rented as part of the VoIP Services, such equipment may be subject to additional terms and conditions between the Customer and the associated equipment manufacturer.
SUPPLEMENTAL TERMS FOR VOIP SERVICES PROVIDED TO CUSTOMER LOCATIONS IN IRELAND
Complaints Code of Practice: any complaints relating to the VoIP Services provided to Customer Locations in Ireland will be handled in accordance with ComReg requirements, as specified in GoTo’s Complaints Code of Practice.
Amendments: GoTo may update this Agreement or any of its policies from time to time and will provide notice to Customer at the email address on file for its account. Such updates will become effective thirty (30) days after such notice to Customer. In the event that any such update would be of material detriment to Customer and is not otherwise required by Applicable Law, Customer may object to such update by providing GoTo notice of its objection within ten (10) days of receipt. If the parties, negotiating in good faith, cannot reach agreement within thirty (30) days, Customer may terminate the portion of the VoIP Services affected by the change by providing written notice to GoTo. Customer’s sole remedy for such termination shall be a pro-rata refund of any pre-paid, unused, fees for the remainder of its then-current term. For the avoidance of doubt, any use of the VoIP Services after the effective date will be deemed Customer’s acceptance of the change.
SUPPLEMENTAL TERMS FOR VOIP SERVICES PROVIDED TO CUSTOMER LOCATIONS IN THE UK
Complaints Handling Code of Practice for Small Business Users: any complaints relating to VoIP Services provided to Customer Locations in the UK will be handled in accordance with Ofcom requirements, as specified in GoTo’s Complaints Code of Practice.
Amendments: GoTo may update this Agreement or any of its policies from time to time and will provide notice to Customer at the email address on file for its account. Such updates will become effective thirty (30) days after such notice to Customer. In the event that any such update would be of material detriment to Customer and is not required by Applicable Law, Customer may object to such update by providing GoTo notice of its objection within ten (10) days of receipt. If the parties, negotiating in good faith, cannot reach agreement within thirty (30) days, Customer may terminate the portion of the VoIP Services affected by the change by providing written notice to GoTo. Customer’s sole remedy for such termination shall be a pro-rata refund of any pre-paid, unused, fees for the remainder of its then-current term. For the avoidance of doubt, any use of the VoIP Services after the effective date will be deemed Customer’s acceptance of the change.
SUPPLEMENTAL TERMS FOR VOIP SERVICES PROVIDED TO CUSTOMER LOCATIONS IN GERMANY
Directory Listing: You are not required to publish your information in a public directory. Should you wish to object to a directory listing, please do so during initial on-boarding for the VoIP Services.
Blocking outgoing calls to specific numbers: Customer shall be entitled, free of charge, to request that GoTo block the calling of specific number ranges, to the extent technically feasible. Unblocking of previously blocked number ranges can be subject to a charge.
Liability cap: In accordance with the German Telecommunications Act ("TKG"), where: (i) telecommunication Services are provided to Customer Locations in Germany; (ii) the Customer is domiciled in Germany; and (iii) other than where the parties have separately negotiated differing liability provisions within the Terms, in accordance with Section 44a of the TKG, the maximum liability concerning financial loss of GoTo and its Affiliates under the Agreement, or arising out of the VoIP Services provided thereunder, to any German-domiciled customer, including the Customer, shall in no event exceed 12.500 EUR per customer. Furthermore, the maximum liability concerning financial loss in total available to all German-domiciled customers (in the aggregate) shall – without prejudice to the preceding cap – not exceed 10 Million EUR if the liability is based on a uniform act or a uniform incident and impacts a subset of customers. Should the preceding 10 Million EUR limit apply pursuant to Section 44a of the TKG, compensation shall be reduced in proportion to the sum of all claims for damages. For the avoidance of doubt, the liability limits set forth in this paragraph shall not apply to claims for compensation that resulted from a delayed payment of compensations or claims related to fraud or willful misconduct.
Out-of-court dispute resolution: GoTo makes every effort to ensure that its customers remain satisfied with the VoIP Services. Should a Customer have a concern or intend to raise a dispute, GoTo kindly requests that the Customer contacts and works directly with GoTo in order to ensure an expedient and efficient resolution. However, a Customer may also initiate conciliation proceedings, pursuant to Section 47a of the TKG, by submitting a request to the Consumer Mediation Body Telecommunications of the Federal Network Agency in Bonn (Verbraucherschlichtungsstelle Telekommunikation) and/or through the European Union (“EU") Dispute Resolution Platform. Contact information for both dispute resolution schemes may be found below. Participation to the preceding dispute resolution schemes is on a voluntary and case-by-case (and customer-by-customer) basis for GoTo, who does not participate in dispute resolution schemes before any other consumer mediation bodies.
Dispute Service Scheme in Germany
EU Dispute Resolution Platform
SUPPLEMENTAL TERMS FOR VOIP SERVICES PROVIDED TO CUSTOMER LOCATIONS IN AUSTRALIA
Carriage Service Provider: Pursuant to the Telecommunications Act of 1997, GoTo is a Carriage Service Provider and shall adhere to the applicable provisions of the Telecommunications Standard 2018, as may be amended from time to time. GoTo may utilize one or more principal or underlying Carriers to provide the VoIP Services and/or facilitate operator and directory assistance services, but at all times shall remain responsible for its provision of the VoIP Services to Customer.
Complaints Code of Practice: Any complaints relating to the VoIP Services provided to Customer Locations in Australia will be handled in accordance with ACMA requirements, as specified in GoTo’s Complaints Code of Practice.
Data Protection in Australia: Subject to the terms of the Agreement, GoTo will handle any “personal information” (as that term is defined in the Privacy Act 1988 (Cth), as amended from time to time), that is maintained on behalf of Customers located in Australia (“Australia Personal Information”) in accordance with the Agreement and GoTo’s Data Processing Addendum (located at www.goto.com/legal) (“Data Protection Terms”), or as otherwise permitted or required by applicable law. For the avoidance of doubt, GoTo and Customer both agree that Customer is the APP entity under the Privacy Act and GoTo shall: (a) take reasonable steps to protect Australia Personal Information from misuse, interference, unauthorized access, modification, or disclosure; and (b) not use Australia Personal Information, except: (x) to provide, operate and facilitate access to the VoIP Services; (y) subject to Customer’s lawful and reasonable written instructions; and/or (z) to otherwise perform its obligations under the Data Protection Terms and applicable law. Customer acknowledges that GoTo relies on Customer for direction as to the extent to which it is entitled to use and process the Australia Personal Information provided to GoTo and that GoTo will not be liable for any claim brought by a data subject arising from any act or omission by GoTo, to the extent that such act or omission resulted from Customer’s instructions.
GoTo may transfer Australia Personal Information to its affiliates to store and process such Australia Personal Information on servers located in the United States or other jurisdictions outside of Australia, as further described in the Data Protection Terms. Customer specifically and expressly consents to such transfers and acknowledges that Australian Privacy Principle 8.1 will not apply to such disclosure and transfer. Customer further agrees and consents to GoTo, its affiliates, and the service providers that GoTo utilizes, having the right to access Customer’s account and to use, modify, reproduce, distribute, display and disclose Customer Content, including any Australia Personal Information therein, to the extent necessary to provide and operate the VoIP Services, including, without limitation, in response to any Customer technical support, customer care, billing, or data privacy-based requests.
Additional Porting Provisions: GoTo’s ability to provide the VoIP Services is subject to Telstra porting the numbers. Where Customer is provided with a telephone number (including a code) as part of the VoIP Services, Customer will have no right to keep that number nor to sell, dispose or transfer that number at any time. GoTo will use its best efforts to ensure that Customer is able to keep the number during the term of the Agreement, but GoTo reserves the right to change the number on reasonable notice if GoTo determines, in good faith and in its reasonable discretion, that a third party has a valid claim to such number, or that the change is otherwise required by or advisable under applicable law.
Financial Hardship Policy: If Customer is experiencing genuine financial difficulty in making payments for the VoIP Services, flexible payment arrangements may be made available by GoTo. To learn more, please visit GoTo’s Financial Hardship Policy or contact support.
SUPPLEMENTAL TERMS FOR VOIP SERVICES PROVIDED TO CUSTOMER LOCATIONS IN BRAZIL
Numbering Resources: To the extent that Customer requests or receives “numbering resources,” including but not limited to, Direct Inward Dialer (“DID”) numbers (also known as telephone numbers), with their subscription to VoIP Services, such “numbering resources” are provided by a third-party telecommunications carrier who maintains a fixed telephony or STFC license.
SUPPLEMENTAL TERMS FOR VOIP SERVICES PROVIDED TO CUSTOMER LOCATIONS IN AUSTRIA
For customers located in Austria the contracting entity and term “GoTo” shall refer to the Irish company LogMeIn Ireland Unlimited Company (with address at The Reflector, 10 Hanover Quay, Dublin 2, Ireland and VAT:IE9834481A). GoTo provides its VoIP Services under the Agreement only to businesses in the meaning of section 1 Austrian Consumer Protection Act.
The executed Order, the Terms of Service, the applicable DPA, the applicable Service Description for GoTo VoIP Services, and this Regional Supplement for VoIP Services (including these supplemental Terms for Austria) constitute the entire Agreement for VoIP Services. No other documents – including any terms linked in the Service Description – will affect the Agreement for VoIP Services.
Service Plan: A Service Plan for Austrian customers is available at https://www.goto.com/company/legal/DE-Entgeltbestimmungen-Service-Plan.
Usage / Calling Minutes: The VoIP Services include 2,500 outbound calling minutes (excluding toll-free) per user per month, calculated as a pooled average for the account, unless the parties have agreed otherwise in writing. Per-minute charges apply beyond the threshold.
Amendments: GoTo may update the Agreement from time to time and will provide notice to Customer at an email address on file for its account, or by standard mail where invoices by standard mail were agreed.
If the changes benefit Customer or are otherwise required by applicable law, they will either take effect immediately or on the date indicated in the notice.
Except for changes that benefit Customer, are required by applicable law, or apply only to future customers, GoTo will give at least two (2) months‘ notice of any changes and a second notice summarizing the material content of the changes at least one (1) month before the changes take effect. If Customer objects to the changes, Customer and GoTo may negotiate in good faith and attempt to reach an agreement provided that Customer has the right to terminate the portion of the VoIP Services affected by the change until the effective date of the changes. The Customer will provide written notice to GoTo to exercise this right.
At Customer's request, GoTo will provide the full text of the current terms of the Agreement. Changes in fees due to an agreed index adjustment do not entitle the Customer to termination as stated herein.
Notices under the Agreement will not be deemed to be delivered merely by passage of time, regardless the method of notice used. Electronic publication does not replace written notice to Customer, if written notice is required by law.
Quality of Service/Maintenance: To provide redundancy, scalability, and high availability, the VoIP Services employ a microservice architecture which allows for self-recovery in the event of an outage at any specific datacenter or a geographically localized problem on the public Internet. The VoIP Services are designed to failover between datacenters. All production datacenters are connected in such a manner that internal applications can reach services from any location. Connectivity to the Public Switched Telephone Network (PSTN) is made from each datacenter location to multiple PSTN partners/providers via Session Initiation Protocol (SIP) trunks.
For more detail about GoTo’s system security, availability protections, and disaster recovery processes, see the Technical and Organizational Measures (TOMs) document and the SOC3 report for the VoIP Services, both of which are available at GoTo’s Trust and Privacy Center at logmein.com/trust.
GoTo shall make a commercially reasonable effort to inform its Customers of any planned interruption or operational restriction in advance, but in any event will provide notice without undue delay at the applicable status page at https://www.goto.com/company/trust/status (where Customer may subscribe to receive real-time status updates via push notification).
Porting Provisions: GoTo’s ability to provide the VoIP Services is subject to porting number resources of external providers. Customer can be provided with a telephone number (including a code) as part of the VoIP Services (which may be subject to a fee). GoTo shall support Customer’s rights to request portability of any assigned telephone numbers.
Directory Listing: Customer is not required to publish its information in a public directory. If Customer wishes to object to a directory listing, it can do so during initial on-boarding for the VoIP Services.
Caller ID Suppression and Blocking Outgoing Calls to Specific Numbers: Customer has the right to suppress the display of its caller ID individually, independently, and free of charge. Customer is likewise entitled, free of charge, to request that GoTo block the calling of specific number ranges, to the extent technically feasible. Unblocking of previously blocked number ranges may be subject to a charge – except in case of emergency calls.
Out-of-court Dispute Resolution: GoTo makes every effort to ensure that its customers remain satisfied with the VoIP Services. Should a Customer have a concern or intend to raise a dispute, GoTo kindly requests that the Customer contact and works directly with GoTo in order to ensure an expedient and efficient resolution.
In addition to any rights and remedies available in general courts, the Customer is entitled to submit any disputes and complaints in connection with the VoIP Services within the statutory period (currently one year pursuant to applicable procedural guidelines) from the time the written complaint is filed and pursuant to § 122 TKG 2003, with the regulatory authority's conciliation body (RTR, www.rtr.at). The procedure before the regulatory authority is carried out in accordance with the guidelines available at the above-mentioned website.
Payment Methods: Information about billing intervals and available payment methods is available in the Service Plan.
Objection to Invoices: GoTo hereby requests that Customers raise any objections to invoices in writing within three (3) months of the invoice date. If, after review, GoTo disagrees with the Customer’s objection, the Customer may request dispute resolution by the Austrian Regulatory Authority for Broadcasting and Telecommunications ("RTR") within one (1) year from the time it raised the objection to GoTo in writing. Customers may also seek redress in the courts. If Customers do not object to their invoice within the aforementioned three (3) months, GoTo will deem the invoice accepted by Customer.
Customers may address invoice disputes to GoTo in writing at the following location: Attn: Complaints Department, GoTo, The Reflector, 10 Hanover Quay, Dublin 2, D02 R573, Ireland. All undisputed amounts will be due as stated on the invoice.
Liability: Liability for personal injury or intentional damage is not limited between the parties.
Service Suspension: GoTo may suspend Customer’s use of the Services only in accordance with law. GoTo may suspend use of the Services (i) for security concerns and (ii) for non-payment, but will in the latter case grant a grace period of at least 2 weeks before suspending Services.
SUPPLEMENTAL TERMS FOR VOIP SERVICES PROVIDED TO CUSTOMER LOCATIONS IN ITALY
GoTo has published a Service Charter which applies to VoIP Services purchased in Italy. The Service Charter has been filed with AGCOM and is available at https://www.goto.com/company/legal/IT-LogMeIn-Carta-dei-servizi.