FCC Waitlist
FCC Waitlist
Terms and Conditions
Last updated: March 2024
FirstCallCompleteInc., operating under the name FirstCallComplete ("FirstCallComplete", "we", "us", or "our"), offers a platform enabling businesses ("Customer" or "Customers") to develop specialized apps ("App" or "Apps") for communication, operations, and training aimed at monitoring compliance and performance of their employees, service providers, or independent contractors ("Personnel"). These offerings, accessible via both the Platform and Apps, are collectively referred to as "Services". The term "You" encompasses any adult engaging with the Services, whether as a Customer's representative or as a member of the Customer's Personnel.
The usage and access to the Platform and any App are regulated by these Terms of Conditions ("Terms"). Our practices of collecting, processing, and transferring Personal Data are outlined in our Privacy Notice.
It is important that you read these Terms thoroughly. By registering, you express your agreement to these Terms. These Terms may be updated periodically. If you disagree with any part of these Terms, please refrain from clicking the sign-up button and do not utilize the Platform or Services.
We reserve the right to modify these Terms at any time. Should there be a significant change, we will endeavor to notify you reasonably in advance by posting the updated Terms on our website. You can always find the latest version of the Terms on our website. The updated Terms will take effect on the earlier of the date mentioned in our notice or the date the revised Terms are posted on our website.
If you are creating a "Customer Account" for a Customer as an "Account Owner", you confirm that you have the authority to agree to these Terms on behalf of the Customer and to register them for the Platform and Services. It is your responsibility to ensure these Terms comply with all relevant laws, rules, and regulations applicable to you and the Customer. Access to the Platform, Apps, and Services is withdrawn where the use of these is prohibited or in conflict with these Terms.
The usage and access to the Platform and any App are regulated by these Terms of Conditions ("Terms"). Our practices of collecting, processing, and transferring Personal Data are outlined in our Privacy Notice.
It is important that you read these Terms thoroughly. By registering, you express your agreement to these Terms. These Terms may be updated periodically. If you disagree with any part of these Terms, please refrain from clicking the sign-up button and do not utilize the Platform or Services.
We reserve the right to modify these Terms at any time. Should there be a significant change, we will endeavor to notify you reasonably in advance by posting the updated Terms on our website. You can always find the latest version of the Terms on our website. The updated Terms will take effect on the earlier of the date mentioned in our notice or the date the revised Terms are posted on our website.
If you are creating a "Customer Account" for a Customer as an "Account Owner", you confirm that you have the authority to agree to these Terms on behalf of the Customer and to register them for the Platform and Services. It is your responsibility to ensure these Terms comply with all relevant laws, rules, and regulations applicable to you and the Customer. Access to the Platform, Apps, and Services is withdrawn where the use of these is prohibited or in conflict with these Terms.
YOUR ACCOUNT
To grant Personnel access to the Platform, an Account Owner must create a Customer Account and can set up Personnel Profiles for other members, assigning roles like “Account Owner”, "Administrator", or "Employee", each with specific permissions. The creation of a Customer Account or Personnel Profile involves providing essential information such as names and email addresses, with the option to add more details to enhance service quality. Profiles can be manually created, imported via file, or integrated with the Customer's systems through an API or SFTP, although First Call Complete reserves the right to refuse profile creation.
Administrators, designated by Account Owners, serve as official representatives with the authority to manage the Customer's App, including granting or restricting Employee access, managing permissions, accessing data, and viewing reports on App usage. Employees, once their profiles are set up by Administrators, receive a link to confirm their profile and access the App, or they may request access, which Administrators can approve.
It is essential to report unauthorized access to a Customer Account or Personnel Profile promptly, including any password breaches. The account holder is responsible for the security of their devices and all activities under their account. While FirstCallComplete is not liable for losses due to unauthorized use, account holders must notify
FirstCallComplete at info@FirstCallComplete.com in case of a security breach to block the compromised account or profile, despite FirstCallComplete not actively monitoring for, or guaranteeing the prevention of, misuse.
Administrators, designated by Account Owners, serve as official representatives with the authority to manage the Customer's App, including granting or restricting Employee access, managing permissions, accessing data, and viewing reports on App usage. Employees, once their profiles are set up by Administrators, receive a link to confirm their profile and access the App, or they may request access, which Administrators can approve.
It is essential to report unauthorized access to a Customer Account or Personnel Profile promptly, including any password breaches. The account holder is responsible for the security of their devices and all activities under their account. While FirstCallComplete is not liable for losses due to unauthorized use, account holders must notify
FirstCallComplete at info@FirstCallComplete.com in case of a security breach to block the compromised account or profile, despite FirstCallComplete not actively monitoring for, or guaranteeing the prevention of, misuse.
PROVISION OF SERVICES
FirstCallComplete grants you the right to access and utilize the Platform, Apps, and Services on a non-exclusive basis, adhering to these Terms. FirstCallComplete retains the authority to alter or cease any aspect of the Platform, Services, or any App at its discretion without prior notice, and will not be held accountable to you or any third party for such changes or discontinuations.
Accessing the Services and the Platform or Apps is prohibited where not allowed. You affirm that (a) all information you provide during registration is accurate and truthful; (b) you will keep this information up to date; (c) you are at least 18 years old and capable of entering into legally-binding contracts; (d) your use of the Platform, Apps, or Services does not breach any laws, regulations, or obligations to third parties; and (e) you will adhere to all relevant laws, guidelines, regulations, and these Terms throughout your engagement with the Platform, Apps, and/or Services.
Accessing the Services and the Platform or Apps is prohibited where not allowed. You affirm that (a) all information you provide during registration is accurate and truthful; (b) you will keep this information up to date; (c) you are at least 18 years old and capable of entering into legally-binding contracts; (d) your use of the Platform, Apps, or Services does not breach any laws, regulations, or obligations to third parties; and (e) you will adhere to all relevant laws, guidelines, regulations, and these Terms throughout your engagement with the Platform, Apps, and/or Services.
SUSPENSION AND TERMINATION OF SERVICE
Despite any provisions to the contrary within these Terms, we maintain the right to suspend or terminate your access to the Service at any time, without any notice or liability towards you, solely at our discretion. This includes the termination or suspension of any of your rights granted under these Terms, such as your right to use the Website, the App, and the Service. We also reserve the authority to block or prevent your access to and use of the Website, the App, and the Service for any reason or no reason at all. Additionally, we may deactivate, modify, or require you to alter any FirstCallComplete user ID or password associated with the Service. Should your account be suspended or terminated, you may lose access to the Content stored within the Service.
In the event of termination, you have the right to request access to your Content, which we will provide unless your account was terminated due to a breach of these Terms or our Acceptable Use Policy. Such requests must be made within 14 days post-termination; failing to do so may result in your Content being irretrievable, and we will not be obligated to maintain any Content in your account beyond this 14-day window.
In the event of termination, you have the right to request access to your Content, which we will provide unless your account was terminated due to a breach of these Terms or our Acceptable Use Policy. Such requests must be made within 14 days post-termination; failing to do so may result in your Content being irretrievable, and we will not be obligated to maintain any Content in your account beyond this 14-day window.
CONTENT MANAGEMENT
You are welcome to post or submit reviews, comments, suggestions, ideas, information, and other forms of content ("Content") on the Website or App, provided that such Content is lawful, respectful, and not harmful or offensive. Specifically, the Content should not be illegal, obscene, threatening, defamatory, privacy-invasive, infringing on intellectual property rights, harmful to third parties, objectionable, or resemble spam in any way, such as through the inclusion of software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". It is also important not to use a false email address, impersonate any person or entity, or mislead as to the origin of Content.
While we reserve the right to remove or edit such Content, we do not commit to regularly reviewing posted Content. By posting Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully-sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Content globally in any media. Additionally, you give us and our sublicensees the right to use the name you submit with the Content, if they so choose.
You affirm that you own or have the necessary rights to the Content you post or submit; the Content is accurate; your submission complies with these Terms and does not infringe on any rights or cause harm to any individual or entity. We have the authority to monitor, edit, or remove any activity or Content but are not obligated to do so. We are not liable for Content posted by you or any third party.
While we reserve the right to remove or edit such Content, we do not commit to regularly reviewing posted Content. By posting Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully-sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Content globally in any media. Additionally, you give us and our sublicensees the right to use the name you submit with the Content, if they so choose.
You affirm that you own or have the necessary rights to the Content you post or submit; the Content is accurate; your submission complies with these Terms and does not infringe on any rights or cause harm to any individual or entity. We have the authority to monitor, edit, or remove any activity or Content but are not obligated to do so. We are not liable for Content posted by you or any third party.
COPYRIGHT POLICY
The Website, along with all its contents and other materials, including but not limited to the "FirstCallComplete" effects, our logo, and all designs, texts, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, and the organization and compilation of these elements (referred to collectively as the "Materials"), are either owned by us, our licensors, or users. These Materials are safeguarded by copyright laws of the United States and/or other international jurisdictions.
RESTRICTIONS ON USAGE
When accessing or using the Service, the Customer agrees not to resell, lease, encumber, sublicense, distribute, publish, transmit, transfer, or assign the use of the Service to any third party in any medium. Furthermore, the Customer will refrain from reverse engineering, deriving specifications from, disassembling, or creating derivative works based on the Service. The Customer will not knowingly input or post through the Service any content that is illegal, threatening, harmful, lewd, offensive, or defamatory, or that infringes on the intellectual property rights, privacy rights, or rights of publicity of others. Storing data on the Service that is regulated by HIPAA Privacy Rules or the PCI Data Standards is not allowed. Additionally, the Customer is prohibited from inputting or transmitting through the Service any virus, worm, Trojan horse, or other mechanisms that could damage or impair the operation of the Service or facilitate unauthorized access. Using or accessing the Service to monitor its availability, performance, or functionality for benchmarking or competitive purposes is forbidden, as is causing, assisting, allowing, or permitting any third party, including end-users, to engage in any of the aforementioned activities. The Customer will not use the Service to compete with the Company in any way or permit any third party, other than those explicitly authorized as Authorized Users, to use or access the Service.
RESTRICTIONS ON USER CONTENT
FirstCallComplete is not obliged to approve, display, review, or endorse any User Content. FirstCallComplete retains the right, without notice and at any time, to refuse, remove, or permanently delete any User Content uploaded by you for any reason. User Content shared or submitted is not deemed confidential (unless specifically stated) and may be shared by FirstCallComplete without any compensation to you.
You bear sole responsibility for the User Content you upload to the Services. You guarantee that your User Content (i) adheres to applicable laws; (ii) does not infringe on any third-party intellectual property, privacy, publicity, or moral rights; and (iii) is uploaded with all necessary legal rights and permissions. Your User Content is not considered confidential and may be shared by First Call Complete without compensating you.
You affirm that you own or have the necessary rights to the Content you post or submit; the Content is accurate; your submission complies with these Terms and does not infringe on any rights or cause harm to any individual or entity. We have the authority to monitor, edit, or remove any activity or Content but are not obligated to do so. We are not liable for Content posted by you or any third party.
You agree not to upload, submit, or transmit any User Content or engage in behaviors that: (a) inhibit others' use of the Platform, Apps, and Services; (b) violate others' legal rights, such as by defamation, harassment, or threats; (c) infringe on the rights of third parties; (d) involve or support illegal activities; (e) fail to comply with all laws and regulations; (f) spread falsehoods or misleading information; (g) excessively burden our infrastructure; or (h) contain or link to offensive materials, including hate speech, excessive violence, or illegal content.
FirstCallComplete may monitor User Content for illegal or inappropriate activities, using automatic methods. However, FirstCallComplete will not actively oversee User Content unless specific violations are reported.
The Platform and Apps feature content from various sources. FirstCallComplete is not liable for the Content's accuracy, safety, or intellectual property rights infringement. Despite users agreeing to these Terms, there may be exposure to inappropriate or offensive materials. You waive any rights or remedies against us concerning such exposure. Additionally, your Personal Data might be accessed by others through your User Content, potentially leading to unintended uses of your information. FirstCallComplete is not responsible for third-party uses of any Personal Data you disclose through the Platform or User Content. By sharing information, you acknowledge and accept these risks.
You bear sole responsibility for the User Content you upload to the Services. You guarantee that your User Content (i) adheres to applicable laws; (ii) does not infringe on any third-party intellectual property, privacy, publicity, or moral rights; and (iii) is uploaded with all necessary legal rights and permissions. Your User Content is not considered confidential and may be shared by First Call Complete without compensating you.
You affirm that you own or have the necessary rights to the Content you post or submit; the Content is accurate; your submission complies with these Terms and does not infringe on any rights or cause harm to any individual or entity. We have the authority to monitor, edit, or remove any activity or Content but are not obligated to do so. We are not liable for Content posted by you or any third party.
You agree not to upload, submit, or transmit any User Content or engage in behaviors that: (a) inhibit others' use of the Platform, Apps, and Services; (b) violate others' legal rights, such as by defamation, harassment, or threats; (c) infringe on the rights of third parties; (d) involve or support illegal activities; (e) fail to comply with all laws and regulations; (f) spread falsehoods or misleading information; (g) excessively burden our infrastructure; or (h) contain or link to offensive materials, including hate speech, excessive violence, or illegal content.
FirstCallComplete may monitor User Content for illegal or inappropriate activities, using automatic methods. However, FirstCallComplete will not actively oversee User Content unless specific violations are reported.
The Platform and Apps feature content from various sources. FirstCallComplete is not liable for the Content's accuracy, safety, or intellectual property rights infringement. Despite users agreeing to these Terms, there may be exposure to inappropriate or offensive materials. You waive any rights or remedies against us concerning such exposure. Additionally, your Personal Data might be accessed by others through your User Content, potentially leading to unintended uses of your information. FirstCallComplete is not responsible for third-party uses of any Personal Data you disclose through the Platform or User Content. By sharing information, you acknowledge and accept these risks.
DISCLAIMER OF WARRANTIES
The Website, the App, the Service, the Materials, the Support, and any service offered to you through the Website, the App, or the Store are made available on an "AS IS" or "AS AVAILABLE" basis without any form of representation, warranty, or condition, unless explicitly stated in writing. We do not guarantee that the Website, the App, the Materials, the Support, or any Service provided to you through the Website or the App are free from viruses or other harmful components. Furthermore, we offer no assurances regarding the availability, reliability, or security of the Website, the App, or the Service.
Unless specifically stated in writing, we disclaim all other warranties and representations, whether express or implied, oral or written, that might arise by law, custom, usage in trade, or through course of dealing, including but not limited to: (a) any warranty of merchantability; (b) any warranty of fitness or suitability for a particular purpose, regardless of whether we were aware or should have been aware of such purpose; (c) any warranty of non-infringement or clear title; (d) warranties concerning uptime and data accuracy; (e) warranties relating to any content and deliveries provided in connection with this agreement; and (f) assurances that the Website, the App, the Materials, the Support, and any Services made available to you will function uninterrupted or error-free. You acknowledge that you have not relied on any warranties not expressly stated. This disclaimer and exclusion will remain in effect even if the express warranties fail their essential purpose.
Unless specifically stated in writing, we disclaim all other warranties and representations, whether express or implied, oral or written, that might arise by law, custom, usage in trade, or through course of dealing, including but not limited to: (a) any warranty of merchantability; (b) any warranty of fitness or suitability for a particular purpose, regardless of whether we were aware or should have been aware of such purpose; (c) any warranty of non-infringement or clear title; (d) warranties concerning uptime and data accuracy; (e) warranties relating to any content and deliveries provided in connection with this agreement; and (f) assurances that the Website, the App, the Materials, the Support, and any Services made available to you will function uninterrupted or error-free. You acknowledge that you have not relied on any warranties not expressly stated. This disclaimer and exclusion will remain in effect even if the express warranties fail their essential purpose.
INTELLECTUAL PROPERTY RIGHTS
FirstCallComplete, together with its affiliates or licensors, holds all right, title, and interest in the Platform, Apps, Services, and all the Content provided therein, encompassing the overall look, texts, graphics, video content, demonstrations, user interfaces, and the source code, along with all global intellectual property rights, trademarks, service marks, and logos, whether registered or not. You are not permitted to copy, further develop, reproduce, republish, modify, download, post, broadcast, transmit, or in any other manner utilize the Platform, Apps, Content, or Services, beyond what is expressly allowed by these Terms. Any copyright, trademark, service mark, or other proprietary notices included in the Platform, Apps, Content, or Services must not be modified, removed, or obscured. All trademarks belong to their respective owners, and nothing in these Terms grants you any rights to use any trademarks, service marks, logos, or trade names of FirstCallComplete or any third party. Should you offer any feedback about the Platform, Apps, Content, or Services, FirstCallComplete is free to use such feedback without restrictions and will not be bound by any confidentiality or usage limitations concerning this feedback.
When you submit or post any User Content, you provide FirstCallComplete and its Successors and Assigns a global, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to utilize, copy, distribute, transmit, modify, create derivative works from, decompile, or perform publicly such User Content in any media formats and through any media channels, for the purpose of providing Services or as otherwise allowed under these Terms, under any of your intellectual property, moral, or privacy rights.
When you submit or post any User Content, you provide FirstCallComplete and its Successors and Assigns a global, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to utilize, copy, distribute, transmit, modify, create derivative works from, decompile, or perform publicly such User Content in any media formats and through any media channels, for the purpose of providing Services or as otherwise allowed under these Terms, under any of your intellectual property, moral, or privacy rights.
CHARGES AND PAYMENTS
From the Effective Date, the Customer is obligated to pay monthly subscription fees, transaction fees, and all other fees owed to the Company ("Fee/Fees"). These Fees will be automatically deducted from the bank account, credit card, or other electronic payment method for which the Customer has provided information ("Electronic Payment Information"). By providing Electronic Payment Information, the Customer authorizes the Company to charge the provided credit card or debit the bank account starting from the Effective Date and then monthly or annually thereafter, for all applicable Fees. This authorization remains valid until canceled in writing by the Customer, who agrees to inform the Company of any changes in account information or termination of this authorization at least 15 days before the next billing cycle. If a payment date lands on a weekend or holiday, the Customer acknowledges that payments may be processed on the next business day. For ACH debits, the Customer understands the electronic nature of these transactions means funds could be withdrawn on the payment date, with limited time available to report and dispute errors.
In cases of Non-Sufficient Funds ("NSF"), the Company may, at its discretion, attempt to process the charge again within 30 days, with an additional Fee for each NSF attempt. The Customer confirms the provided business bank account is ACH-enabled and agrees to cover all penalties and Fees incurred from ACH debits or credits being rejected due to account configuration issues. Both parties will adhere to NACHA Operating Rules for these transactions, which must comply with U.S. law. The Customer agrees not to dispute scheduled transactions that match the terms of this Agreement. Overdue undisputed amounts will incur a monthly charge of 1.5% or the maximum legal rate, whichever is lower. The Customer also agrees to pay all collection costs for any overdue amounts. The Company reserves the right to modify Fees, including introducing Fees for previously free features or services, with notice to the Customer. All Fees are in United States Dollars and are non-refundable.
In cases of Non-Sufficient Funds ("NSF"), the Company may, at its discretion, attempt to process the charge again within 30 days, with an additional Fee for each NSF attempt. The Customer confirms the provided business bank account is ACH-enabled and agrees to cover all penalties and Fees incurred from ACH debits or credits being rejected due to account configuration issues. Both parties will adhere to NACHA Operating Rules for these transactions, which must comply with U.S. law. The Customer agrees not to dispute scheduled transactions that match the terms of this Agreement. Overdue undisputed amounts will incur a monthly charge of 1.5% or the maximum legal rate, whichever is lower. The Customer also agrees to pay all collection costs for any overdue amounts. The Company reserves the right to modify Fees, including introducing Fees for previously free features or services, with notice to the Customer. All Fees are in United States Dollars and are non-refundable.
The Customer acknowledges that upgrading from a free to a paid Account results in immediate billing of the new Account's Fees, prorated for the remaining days of the month plus the Fees for the following month. Downgrading an Account will not entitle the Customer to refunds for the month of the downgrade, and the Fees for the downgraded Account will apply from the next month.
The Fees do not cover any taxes, including local, state, federal, or foreign taxes, levies, or duties, such as value-added, sales, use, or withholding taxes. The Customer is responsible for paying all such Taxes. The Company may invoice the Customer for taxes unless provided with a valid tax exemption certificate by the appropriate authority.
Payment Terms
Account Changes
Taxes
LIMITATION OF LIABILITY
FirstCallComplete and its licensors will not be liable for any loss of revenue, profits, or any special, indirect, incidental, exemplary, or consequential damages arising from or connected to the Website, the App, the Materials, the Support, or any Services made available to you through the Website or App, under any form of legal claim, be it contract, tort, strict liability, or any other theory, even if advised of the possibility of such damages. The maximum total liability to you or any third party related to the Website, the App, the Materials, the Support, and any service provided through the Website or App will not exceed the lesser of the total net amounts received from you for accessing or using the Website or App (excluding payments for any service or products provided by us) or $20, regardless of the number of claims. This limitation applies even if any remedy set forth in these terms fails its essential purpose. However, some jurisdictions do not allow for the limitation of certain types of damages or implied warranties, meaning the above limitations and exclusions may not apply to you, and you could have additional rights.