1. Acceptance of Terms

By accessing or using OverShare® ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

OverShare® provides voice communication services, including but not limited to:

• Voice calling and forwarding.
• Voicemail recording and transcription.
• Voice greeting customization.
• Call recording and management.
• Phone number provisioning and management.
• Integration with Twilio communication services.

3. User Accounts

Account Creation

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must be at least 18 years old to use this Service.
• One person or legal entity may not maintain more than one account without prior approval.

Account Security

• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these terms.

4. Subscriptions and Payments

Subscription Plans

OverShare® offers various subscription tiers with different features and pricing. By subscribing, you agree to:

• Pay all fees associated with your chosen subscription plan.
• Automatic renewal unless cancelled before the renewal date.
• Potential price changes with 30 days' notice.

Payment Processing

• Payments are processed through Apple's in-app purchase system or other approved payment processors.
• You authorize us to charge your payment method for all fees.
• Failed payments may result in service suspension.

Refund Policy

• Refunds for subscriptions purchased through Apple are subject to Apple's refund policy and must be requested through Apple.
• For subscriptions purchased directly through OverShare®, refunds are handled on a case-by-case basis and are generally non-refundable.
• Pro-rated refunds are not available for partial subscription periods.
• Contact us at admin@overshare.app for refund requests processed outside of Apple's system.

5. Phone Numbers and Communication

Phone Number Provisioning

• Phone numbers are provided through Twilio and subject to availability.
• You do not own the phone numbers; they are licensed for your use.
• We reserve the right to reclaim inactive or abusive phone numbers.
• Number portability may be available subject to carrier restrictions.

Acceptable Use

You agree NOT to use the Service for:

• Spam, robocalls, or unsolicited marketing (TCPA violations).
• Harassment, threats, or abusive behavior.
• Illegal activities or fraudulent purposes.
• Impersonation or misrepresentation.
• Bypassing telecommunications regulations.

6. Content and Recording

Your Content

• You retain ownership of voice recordings, greetings, and other content you create.
• You grant us a license to store, process, and transmit your content as necessary to provide the Service.
• You are responsible for ensuring you have the right to record and store all communications.

Recording Consent and Legal Compliance

Transcription Services

• Automated transcriptions are provided for convenience and may contain errors.
• We do not guarantee transcription accuracy.
• Transcriptions are processed by Twilio's automated systems and may utilize AI-powered speech recognition technology.
• Your voice data may be processed by third-party AI sub-processors for transcription purposes.

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy (below) for detailed information about how we collect, use, and protect your data.

8. Prohibited Activities

You may not:

• Reverse engineer, decompile, or attempt to extract source code.
• Use automated systems to access the Service without permission.
• Interfere with or disrupt the Service or servers.
• Attempt to gain unauthorized access to any systems or data.
• Remove or modify any proprietary notices or labels.
• Use the Service in violation of any applicable laws or regulations.

9. Service Modifications and Availability

• We reserve the right to modify or discontinue the Service with reasonable notice.
• We strive for 99.9% uptime but cannot guarantee uninterrupted service.
• Scheduled maintenance will be announced in advance when possible.
• We are not liable for service interruptions or data loss.

10. Intellectual Property

• The Service, including all code, design, and trademarks, is owned by OverShare®.
• You may not use our trademarks without written permission.
• You grant us feedback and suggestions without compensation or attribution requirements.

11. Disclaimers and Limitations of Liability

Service "As-Is"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OverShare® SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Maximum Liability

Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless OverShare® and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any rights of another party.
• Your violation of applicable laws or regulations, including call recording laws.

13. Third-Party Services

Our Service integrates with third-party services including:

• Twilio: Voice communication infrastructure, call recording, and transcription services.
• Apple Sign-In: Authentication (if used).
• Firebase Cloud Messaging: Push notifications.

Your use of these services is subject to their respective terms and privacy policies.

14. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Dispute Resolution

• Any disputes shall first be attempted to be resolved through good-faith negotiations.
• If negotiations fail, disputes shall be resolved through binding arbitration.
• Arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association.
• You waive the right to participate in class action lawsuits.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website.
• Sending an email notification to your registered email address.
• Displaying an in-app notification.

Continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Termination

Termination by You

• You may terminate your account at any time through your account settings.
• Termination does not relieve you of payment obligations for services already rendered.

Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms.
• You fail to pay fees when due.
• Your use of the Service poses a security or legal risk.
• We are required to do so by law.

Effect of Termination

• Your right to use the Service immediately ceases.
• We may delete your data after a reasonable retention period.
• You may request a data export before termination.

17. General Provisions

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OverShare®.

Privacy Policy

1. Information We Collect

Information You Provide

• Account Information: Email address, password, name (first and last).
• Profile Information: Display name, profile picture, phone numbers.
• Payment Information: Billing details processed securely through Apple's in-app purchase system or other approved payment processors.
• Voice Content: Voice recordings, voicemail messages, custom greetings.
• Communication Data: Call logs, phone numbers called, call duration, timestamps.

Information We Collect Automatically

• Device Information: Device type, operating system, browser type, IP address.
• Usage Data: Pages visited, features used, time spent on the Service.
• Location Data: General location based on IP address (not precise GPS).
• Call Metadata: Call duration, call status (completed, failed, busy), recording status.
• Push Notification Tokens: Firebase Cloud Messaging tokens for notifications.

Information from Third Parties

• Twilio: Phone number availability, call quality metrics, transcription data.
• Apple Sign-In: Email address, name (if you use Apple authentication).
• OAuth Providers: Profile information if you use third-party authentication.

2. Legal Basis for Processing (GDPR)

For users in the European Economic Area, we process your personal data based on the following legal grounds:

• Contractual Necessity: Processing is necessary to provide the Service you requested (e.g., routing calls, storing voicemails).
• Legitimate Interests: We process data to improve our Service, prevent fraud, and ensure security, provided your rights do not override our interests.
• Legal Obligation: We process data when required by law (e.g., responding to law enforcement requests).
• Consent: Where required, we obtain your explicit consent before processing sensitive data (e.g., marketing communications).

3. How We Use Your Information

To Provide the Service

• Process and route voice calls.
• Store and manage voicemail recordings.
• Transcribe voice messages using Twilio's services and third-party AI sub-processors.
• Provision and manage phone numbers.
• Send push notifications for incoming calls and voicemails.

To Improve the Service

• Analyze usage patterns to improve features.
• Monitor service performance and reliability.
• Identify and fix bugs.
• Develop new features based on user needs.

To Communicate With You

• Send service-related notifications (call alerts, voicemail notifications).
• Respond to support inquiries.
• Send account updates and security alerts.
• Notify you of changes to our Terms or Privacy Policy.

For Security and Compliance

• Detect and prevent fraud and abuse.
• Comply with legal obligations and law enforcement requests.
• Enforce our Terms of Service.
• Protect the rights and safety of our users.

4. How We Share Your Information

Service Providers

We share information with trusted third-party service providers who help us operate the Service:

• Twilio: Voice communication, SMS, phone number provisioning, call recording, transcription.
• Amazon Web Services (AWS): Cloud hosting and storage.
• Firebase: Push notifications and analytics.
• AI Sub-Processors: Third-party AI services (such as speech recognition providers) may process your voice data for transcription purposes.

Legal Obligations

We may disclose your information when required by law or in response to:

• Valid legal process (subpoenas, court orders).
• Law enforcement requests.
• National security requirements.
• Protection of our rights or the rights of others.

Business Transfers

If OverShare® is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We will notify you before your information is transferred.

With Your Consent

We may share your information with third parties when you explicitly consent to such sharing.

5. Data Storage and Retention

Where We Store Data

• Data is primarily stored on servers in the United States.
• We use industry-standard encryption for data in transit (TLS/SSL).
• Data at rest is encrypted using AES-256 encryption.
• Voice recordings are stored using ActiveStorage with secure cloud providers.

How Long We Keep Data

• Account Data: Retained while your account is active, plus 30 days after deletion.
• Voice Recordings: Retained until you delete them or close your account.
• Call Logs: Retained for 2 years for billing and legal compliance.
• Payment Records: Retained for 7 years for tax and accounting purposes.
• Support Communications: Retained for 3 years.

6. Security Measures

Technical Safeguards

• Encryption of data in transit and at rest.
• Regular security audits and penetration testing.
• Secure authentication using Devise with industry best practices.
• Multi-factor authentication (available).
• Secure API token management.

Organizational Safeguards

• Access controls limiting employee access to personal data.
• Regular security training for employees.
• Incident response procedures.
• Third-party security assessments.

Your Responsibility

• Keep your password secure and confidential.
• Use strong, unique passwords.
• Enable two-factor authentication when available.
• Report suspicious activity immediately.

7. Your Privacy Rights

Access and Portability

• Request a copy of your personal data in a machine-readable format.
• Export your voice recordings and call history.
• View all information we have about you.

Correction and Update

• Update your account information through your profile settings.
• Correct inaccurate or incomplete data.
• Request changes to data you cannot modify yourself.

Deletion

• Delete your account and associated data at any time.
• Delete individual voice recordings or call history.
• Request deletion of specific data (subject to legal retention requirements).

Opt-Out Rights

• Unsubscribe from marketing emails (we send very few).
• Disable push notifications through your device settings.
• Opt out of analytics tracking (may limit service functionality).

California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

• Right to Know: You have the right to request disclosure of the categories and specific pieces of personal information we have collected about you.
• Right to Delete: You have the right to request deletion of your personal information, subject to certain exceptions.
• Right to Correct: You have the right to request correction of inaccurate personal information.
• Right to Opt-Out of Sale/Sharing: We do not sell or share your personal information for cross-context behavioral advertising.
• Right to Limit Use of Sensitive Personal Information: You have the right to limit our use of sensitive personal information (such as voice recordings) to purposes necessary to provide the Service.
• Right to Non-Discrimination: You have the right to equal service and pricing, even if you exercise your privacy rights.

To exercise these rights, please contact us at admin@overshare.app. We will respond to your request within 45 days.

European Privacy Rights (GDPR)

If you are in the European Economic Area, you have the following rights under the General Data Protection Regulation (GDPR):

• Right to Access: You have the right to obtain confirmation of whether we process your personal data and to access that data.
• Right to Rectification: You have the right to correct inaccurate or incomplete personal data.
• Right to Erasure ("Right to be Forgotten"): You have the right to request deletion of your personal data under certain circumstances.
• Right to Restrict Processing: You have the right to request that we limit how we process your personal data.
• Right to Data Portability: You have the right to receive your personal data in a structured, commonly used format and transmit it to another controller.
• Right to Object: You have the right to object to processing based on legitimate interests or for direct marketing purposes.
• Rights Related to Automated Decision-Making: You have the right not to be subject to decisions based solely on automated processing that produce legal or similarly significant effects.

To exercise these rights, please contact us at admin@overshare.app. You also have the right to lodge a complaint with your local data protection authority.

8. Cookies and Tracking

Cookies We Use

• Essential Cookies: Required for authentication and security (session cookies).
• Functional Cookies: Remember your preferences and settings.
• Analytics Cookies: Help us understand how you use the Service (Ahoy analytics).

Managing Cookies

You can control cookies through your browser settings. Note that blocking essential cookies may prevent you from using certain features.

9. Children's Privacy

OverShare® is not intended for use by children under 18. We do not knowingly collect personal information from children. If we discover we have collected information from a child under 18, we will delete it immediately. Parents who believe we have collected information from their child should contact us at admin@overshare.app.

10. International Data Transfers

If you access the Service from outside the United States, your information may be transferred to and processed in the United States. By using the Service, you consent to this transfer. We ensure appropriate safeguards are in place for international transfers, including Standard Contractual Clauses (SCCs) for transfers to third parties where required by law.

11. Do Not Track Signals

We do not currently respond to "Do Not Track" signals from browsers because there is no industry standard for compliance. However, you can control tracking through your browser settings and our cookie preferences.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of material changes by:

• Posting the updated policy on our website.
• Sending an email to your registered address.
• Displaying an in-app notification.

Your continued use after changes indicates acceptance of the updated policy.

13. Contact Us

If you have questions about this Privacy Policy or want to exercise your privacy rights, please contact us:

• Email: admin@overshare.app

For GDPR-related inquiries, you may also contact our Data Protection Officer at the email address above.